State v. Sutton
Supreme Court of Missouri
Jlppcal from JYewton Circuit Court. Tbe court refused to instruct tbe jury, at the instance of tbe defendant, tbat “ tbe usual opening of tbe door of a grocery, and going in on Sunday, is not such a keeping open of a grocery door as is contemplated by tbe statute.”
1Opinion of the Court
Soott, Judge,
delivered tbe opinion of the court.
Sutton was indicted under tbe 84th section of the 8th article of tbe “ Act concerning Crimes and Punishments,” approved March 27th, 1845. (R. C. p. 405.) He was convicted and fined, and, after an unsuccessful motion in arrest of judgment and for a new trial, appealed to this court. Tbe ground on which tbe motion in arrest of judgment was based, was tbe omission in tbe indictment of tbe negation that tbe grocery was kept open for the sale of drugs, medicines, provisions, or other articles of necessity.
*378There is nothing in this objection. The rule…
2Cited by11 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. MeekSupreme Court of Missouri · 1879
- State v. MooreSupreme Court of Missouri · 1891
- Kansas City v. WilhoitMissouri Court of Appeals · 1951
- State v. BridgesSupreme Court of Missouri · 1967
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