Darsey v. State

Graves, Judge.

The appellant was charged with a violation of the liquor laws of this State in that as a pharmacist licensed to sell whisky for medicinal purposes under a doctor’s prescription, he had sold whisky to one Woodrow McDermitt, without a prescription therefor being issued by a regularly licensed physician, and upon a trial therefor he was fined the sum of $100.00.

The complaint and information fail to allege that such sale was made “for medicinal purposes.” We have heretofore held in Wilson v. State, 102 S. W. (2d) 1057, that such an averment was essential. To the same effect is the…