State v. Stamper
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The statute requires that when a person is on trial for a criminal offense, if there is a conviction, the jury must by verdict assess his punishment. This section also requires the court to render judgment according to such verdict, which certainly means that the judgment shall be rendered as a punishment.
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Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The statute requires that when a person is on trial for a criminal offense, if there is a conviction, the jury must by verdict assess his punishment. This section also requires the court to render judgment according to such verdict, which certainly means that the judgment shall be rendered as a punishment. R. S. 1899, secs. 2648, 2649, 2650, 2651, 2652. (2) The verdict is absolutely without fact to base it upon. The State’s testimony and defendant’s testimony1 showed that the sale in question was made in defendant’s absence…
1Opinion of the CourtBroaddus, P. J.
The defendant, the proprietor of a drugstore in Lawson, Ray county, Missouri, was indicted for the illegal sale of liquor. A witness testified that he bought whisky at defendant’s store in the summer of 1907, from Henry Gordon, a clerk in *403defendant’s employ. The defendant testified that he had given his clerk instructions not to sell liquor without the written prescription of a physician. The jury returned the following verdict, “We, the jury, find the defendant guilty as charged in the first count and assess his fine at the sum .of ($100) one hundred dollars.”
The defendant contends, first,…
2Cases cited3 opinions
- State v. RobbSupreme Court of Missouri · 1886
- State v. PriceMissouri Court of Appeals · 1906
- Plymouth Cordage Co. v. YeargainMissouri Court of Appeals · 1901