State v. Larrimore
Supreme Court of Missouri
Jippeal from Polk Circuit Court. Physicians, who sell liquor as a medicine, are not within the meaning of the act. The intention of the legislature is to prevail even against the letter of the act. The sale of liquors, as a medicine, is not the mischief which the statute was designed to remedy. The act does not exempt physicians.
1Opinion of the CourtGamble, Judge
The defendant was indicted for selling a half pint of brandy without license. The defence was, that he was a practising physician, and as such, sold a small quantity of brandy as a medicine. The Court instructed the jury “that, if they believed from the evidence, that the defendant sold any quantity *392of intoxicating liquor less than a quart, as charged in the indictment, within the county of Polk, and within one year before the finding of the indictment, they should find him guilty, and it is no excuse that the defendant was a physician, and sold the liquor, after much importunity, as a…
2Cited by4 opinions
- Commonwealth v. CorbettMassachusetts Supreme Judicial Court · 1940
- State v. YoungCourt of Appeals of Kansas · 1889
- State v. BaileyMissouri Court of Appeals · 1898
- State v. RyanMissouri Court of Appeals · 1925