State v. Shanks
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Ho». James E. JIasell, Judge. (1) Under the facts, the defendant had constantly in his employ a competent pharmacist, and he is, therefore, a druggist within the meaning of the law. State v. Steele, 84 Mo. App. 317. (2) The evidence also shows that the defendant was a merchant. Being both a merchant and a druggist, he should have been prosecuted for the violation of the druggist statute.
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Appeal from Cooper Circuit Court. — Ho». James E. JIasell, Judge. (1) Under the facts, the defendant had constantly in his employ a competent pharmacist, and he is, therefore, a druggist within the meaning of the law. State v. Steele, 84 Mo. App. 317. (2) The evidence also shows that the defendant was a merchant. Being both a merchant and a druggist, he should have been prosecuted for the violation of the druggist statute. State v. Steele, 84 Mo.-App. 317; State v. Alexander, 73 Mo. App. 607. (3) The motion in arrest should have been sustained and for this good and sufficient reason: the…
1Opinion of the CourtSmith, P. J.
The information upon which the defendant was prosecuted and convicted in this case was based on section 8563, Revised Statutes 1899. The cause by agreement was tried before the court. No instructions were requested or given. The question now is, whether upon the face of the record the finding and conviction can be upheld. The defendant contends that while he was a merchant he was also a druggist, and so being, the information should have been based on section 3047, Revised Statutes 1899.
The evidence tends to show that the defendant was a duly-licensed merchant but it does not show that he was…
2Cases cited1 opinion
- State v. SteeleMissouri Court of Appeals · 1900
3Cited by1 opinion
- State ex rel. Westfall v. CliffordMissouri Court of Appeals · 1981