Neales v. State
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. The indictment is defective, for the reason that it sets out the capacity of the defendant, but does not allege that the act of selling was committed in that capacity. It is contended that it is necessary to set out the capacity of the defendant for the purpose of giving the court jurisdiction, which it does not have if the liquors were sold by the defendant as a tavern keeper.
Read the full summary
APPEAL from St. Louis Criminal Court. The indictment is defective, for the reason that it sets out the capacity of the defendant, but does not allege that the act of selling was committed in that capacity. It is contended that it is necessary to set out the capacity of the defendant for the purpose of giving the court jurisdiction, which it does not have if the liquors were sold by the defendant as a tavern keeper. It is then necessary to allege that he sold as a dram-shop keeper, — or, non constat, but he may have sold as a tavern keeper, in which case he is not indictable at all, but must…
1Opinion of the CourtMcBride, J.
Patrick Neales, at the September term, 1846, of the Criminal Court for St. Louis county, was indicted for unlawfully carrying on the trade and business of a dram-shop keeper, without having a license therefor continuing in force. To this charge, he pleaded not guilty; and neither party requiring a jury, the cause was submitted to the court, who found him guilty, and assessed a fine of $80 against him, and entered judgment therefor. The defendant then filed amotion in arrest of judgment, “because the indictment is double, uncertain, and otherwise defective and informal.” And the motion having…
2Cases cited1 opinion
- Thomas v. StateSupreme Court of Missouri · 1840
3Cited by12 opinions
- State v. MansfieldSupreme Court of Missouri · 1867
- State v. LockwoodWisconsin Supreme Court · 1877
- State v. JaquesSupreme Court of Missouri · 1878
- State v. CottrillWest Virginia Supreme Court · 1888
- State v. FanningSupreme Court of Missouri · 1866
7 more not listed; retrieve them via the Exa API.