Legal Opinion

State v. Sharpe

Missouri Court of Appeals

Decided May 8, 1906PublishedCited by 4 opinions

Appeal from Lawrence Circuit Court. — Eon. F. O. Johnston, Judge. (1) The defendant was not arraigned and no issue was submitted to the court. This is conceded by the State. State y. Llewellyn, 93 Mo. App. 472; State v. Hull, 73 Mo. App.. 300; State y. Walker, 119 Mr. 467, 24 S. W. 1011; State v. Williams, 117 Mo. 379, 22 S. W. 1104. (2) The indictment is insufficient. It does not show that it was presented or returned to any term of the Lawrence Circuit Court.

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Appeal from Lawrence Circuit Court. — Eon. F. O. Johnston, Judge. (1) The defendant was not arraigned and no issue was submitted to the court. This is conceded by the State. State y. Llewellyn, 93 Mo. App. 472; State v. Hull, 73 Mo. App.. 300; State y. Walker, 119 Mr. 467, 24 S. W. 1011; State v. Williams, 117 Mo. 379, 22 S. W. 1104. (2) The indictment is insufficient. It does not show that it was presented or returned to any term of the Lawrence Circuit Court. R. S. 1899, secs. 2512, 2513. (3) Defendant was a druggist and was compounding drugs and medicines in the drugstore of W. H. Sloan…

1Opinion of the CourtBland, P. J.

On an indictment charging him with selling liquor without a dramshop license, or any other legal authority, the defendant was convicted in the Lawrence Circuit Court, and his punishment assessed at a fine of forty dollars, from which conviction he duly appealed to this court.

The evidence shows that the defendant was a clerk, in a drugstore in Lawrence county, Missouri; that in January, 1905, W. E. Mullins, who was suffering from lung trouble, consulted Dr. Painter of Mt. Vernon, who advised him to go to a drugstore and get equal parts of rock candy, ginger, glycerine and whiskey and take the…

2Cases cited8 opinions

  1. State v. GrateSupreme Court of Missouri · 1878
  2. State v. ClarkSupreme Court of Missouri · 1853
  3. Mose v. StateSupreme Court of Alabama · 1860
  4. Stewart v. StateIndiana Supreme Court · 1865
  5. State v. SchnettlerSupreme Court of Missouri · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. MikelMissouri Court of Appeals · 1907
  2. Guinn v. United StatesCourt of Appeals for the Eighth Circuit · 1915
  3. State v. MossMissouri Court of Appeals · 1912
  4. State v. O'KelleyMissouri Court of Appeals · 1913

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