Legal Opinion

State v. Spain

Supreme Court of Missouri

Decided January 15, 1860PublishedCited by 15 opinions

Appeal from Webster Circuit Court. I. The indictment is defective. . It does not state to whom the liquor was sold; nor does it say to some person to the jurors unknown. I. The name of the person to whom the liquor was sold need not be stated in the indictment. (Page v. State, 6 ' Mo. 205; State v. Ladd, 15 Mo. 430; State v. Miller, 24 Mo. 532.) ' . ~'

1Opinion of the CourtEwing, Judge

This was an indictment for selling liqipoy without license, and the question here is as to the' sufficiency of the indictment. The objection is, that it omits to aver to whom the sale-was made, or that it was made to some person or persons to the jurors unknown. This point was decided by this court in The State v. Ladd, 15 Mo. 432, and the omission to name any person in the indictment held to be immaterial. The offence consists in the sale of liquor without license in the prohibited quantity; and as there could be no sale without a purchaser, the name of the purchaser is in no sense…

2Cases cited3 opinions

  1. State v. LaddSupreme Court of Missouri · 1852
  2. State v. MillerSupreme Court of Missouri · 1857
  3. Page v. StateSupreme Court of Missouri · 1839

3Cited by15 opinions

  1. Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. State v. SchweiterSupreme Court of Kansas · 1882
  3. State v. JaquesSupreme Court of Missouri · 1878
  4. State v. BrockmanIdaho Supreme Court · 1924
  5. State v. MartinSupreme Court of Missouri · 1891

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