State v. Shafer
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) If-being evident that the indictment was drawn under chapter 111, Revised Statutes 1889, it is insufficient and the judgment can not be permitted to stand because it fails to show upon its face that appellant is a merchant as defined by statute, section 6894, Eevised Statutes 1889. State v. Eunyan, 26 Mo. 167; State v. Eyan, 30 Mo.
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Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) If-being evident that the indictment was drawn under chapter 111, Revised Statutes 1889, it is insufficient and the judgment can not be permitted to stand because it fails to show upon its face that appellant is a merchant as defined by statute, section 6894, Eevised Statutes 1889. State v. Eunyan, 26 Mo. 167; State v. Eyan, 30 Mo. App. 159 and cases cited; State v. Oox, 32 Mo. 566; State v. Willis, 37 Mo. side page 193 (122); State v. Jacobs, 38 Mo. side page 379 (234). (2) Section 6915, chapter 111, Eevised Statutes 1889…
1Opinion of the CourtGill, J.
Defendant was indicted as a merchant for selling intoxicating liquors in less quantity than five gallons, contrary to section 6915, Revised Statutes 1889. It seems that defendant first moved to quash the indictment, but for what reason does not appear. Subsequently, however, as the record shows, defendant appeared in open court, withdrew his motion to quash and entered a plea of guilty — the record reading: “Now comes the prosecuting attorney for the state, and also comes the defendant herein, in person and in presence of his attorneys and counsel, and in open court pleads guilty to selling…
2Cases cited1 opinion
- State v. CarnahanMissouri Court of Appeals · 1895
3Cited by2 opinions
- State v. BarnettMissouri Court of Appeals · 1905
- State v. StockMissouri Court of Appeals · 1902