State v. Gibbs
Missouri Court of Appeals
Appeal from Morgan Circuit Court. — Hon. William H. Martin, Judge. An indictment or information which follows the language of the statute in describing the offense is sufficient. State v. Edgen, 181 Mo. 582; State y. Villines, 107 App. 593; State y. Kentner, 178 Mo. 493, and cases cited; State v. Wilkerson, 170 Mo. 184; State y. Adams, 108 Mo. 208; State y.
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Appeal from Morgan Circuit Court. — Hon. William H. Martin, Judge. An indictment or information which follows the language of the statute in describing the offense is sufficient. State v. Edgen, 181 Mo. 582; State y. Villines, 107 App. 593; State y. Kentner, 178 Mo. 493, and cases cited; State v. Wilkerson, 170 Mo. 184; State y. Adams, 108 Mo. 208; State y. Johnson, 83 Mo. 317; State v. Davis, 70 Mo. 467; State v. Dewitt, 152 Mo. 76; R. S. 1899, sec. 2991; Kelley’s Criminal Law & Practice, sec. 187.
1Opinion of the CourtJohnson, J.
Defendant was indicted for the alleged violation of section 2991, Revised Statutes 1899, and demurred to the indictment. The demurrer was sustained, the indictment quashed and the State appealed. The offense charged is that “Dr. T. J. Gibbs, late of the county aforesaid, on the-day of June, 1906, at the county of Morgan, State aforesaid, did then and there unlawfully sell intoxicating liquors in less quantity than three gallons without taking out or having a license as a dramshop keeper or any other legal authority to sell the same, against the peace and dignity of the State.” The ground of…
2Cases cited3 opinions
- State v. CoxSupreme Court of Missouri · 1860
- State v. RyanMissouri Court of Appeals · 1888
- State v. SillsMissouri Court of Appeals · 1894
3Cited by3 opinions
- State v. ClinkenbeardMissouri Court of Appeals · 1909
- State v. RussellMissouri Court of Appeals · 1915
- State v. Stewart.Missouri Court of Appeals · 1925