State v. Fanning
Supreme Court of Missouri
Error to Dade Circuit Court. The indictment is insufficient. It fails to show that there was a sale to any one; it fails to show that the quantity of liquor alleged to have been sold was within the limit prohibited by law.
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Error to Dade Circuit Court. The indictment is insufficient. It fails to show that there was a sale to any one; it fails to show that the quantity of liquor alleged to have been sold was within the limit prohibited by law. The law prohibiting sales of liquor in a less quantity than one gallon had been repealed at the time of the alleged offence — Neales v. State, 10 Mo. 498; State v. Hays, 36 Mo. 80; State v. Mitchell, 25 Mo. 420; Act of 14th March, 1859. This is an indictment for a misdemeanor, and it is only necessary that the indictment should be certain to a common intent. The offence…
1Opinion of the CourtHolmes, Judge
In this case, the indictment alleged that the defendant “ did unlawfully and directly sell intoxicating liquors in less quantities than one gallon, to-wit, one glass of whiskey, without having a dram-shop keeper’s licence, or any other legal authority to sell the same.” The defendant moved to quash the indictment for the reasons that it did not charge him with selling liquors in a less quantity than one quart, nor aver to whom or for what price they were sold, nor state that they were sold to persons unknown; and his motion being overruled, he pleaded guilty, and filed his motion in arrest of…
2Cases cited7 opinions
- People v. AdamsNew York Supreme Court · 1837
- Austin v. StateSupreme Court of Missouri · 1847
- State v. MungerSupreme Court of Vermont · 1843
- State v. LaddSupreme Court of Missouri · 1852
- Neales v. StateSupreme Court of Missouri · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. BennettSupreme Court of Missouri · 1890
- State v. WingfieldSupreme Court of Missouri · 1893
- State v. JaquesSupreme Court of Missouri · 1878
- State v. BakerSupreme Court of Missouri · 1880
6 more not listed; retrieve them via the Exa API.