State v. Seiberling
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. The omission of the words “then and there” in the conclusion of the indictment, and in the clause charging the age of the vendee, the minor, is fatal to the validity of the indictment. Nothing material in an indictment will he taken by intendment.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. The omission of the words “then and there” in the conclusion of the indictment, and in the clause charging the age of the vendee, the minor, is fatal to the validity of the indictment. Nothing material in an indictment will he taken by intendment. State v. Patterson, 159 Mo. 191; State v. Meyers, 99 Mo. 197; State v. Minor, 193 Mo. 597. (2) The evidence shows that Ovid Peters, the alleged minor, while under twenty-one years of age, was married, the head of . a household and independent of his parent. The parent had no remaining…
1Opinion of the CourtNixon, P. J.
Defendant was indicted by tbe grand jury of I-Iowell county at the February term, 1907, for unlawfully disposing of intoxicating liquor to a minor. Appellant was a dramshop keeper and was indicted as such; but before the trial, to-wit, on January 31, 1907, an election was held in Howell county to determine whether the sale of intoxicating liquors in said county should be prohibited under the Local Option Law, and as the vote was in favor of local option, the statute against the sale of liquor in the county went into effect March 16, 1907, after the adoption of the Local Option Law in the…
2Cases cited5 opinions
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3Cited by8 opinions
- State v. NewmanMissouri Court of Appeals · 1910
- State v. SniderMissouri Court of Appeals · 1910
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- State v. WainwrightMissouri Court of Appeals · 1911
- State v. HogleMissouri Court of Appeals · 1911
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