Legal Opinion

State v. Douglass

Missouri Court of Appeals

Decided February 8, 1892PublishedCited by 4 opinions

Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The demurrer to the testimony offered at the close of the state’s case'should have been sustained.

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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The demurrer to the testimony offered at the close of the state’s case'should have been sustained. Defendant was prosecuted as a dramshop keeper, and there was no evidence showing or tending to show that he was a dramshop keeper, as that term is defined by Revised Statutes, 1889, section 4569. Harris v. Woody, 9 Mo. 113 ; Lee v. Davis, 11 Mo. 114; Bmmerson v. Shtrgeon, 18 Mo. 170 ; Callahan v. Warne, 40 Mo. 131; Clark's Admix v. Railroad, 46 Mo. 217; 2 Thompson on Trials, secs. 2242, 2243, 2244, 2267, 2268 ; State v.…

1Opinion of the CourtEllison, J.

Defendant was convicted in the circuit court of Bates county on an information charging that he, “being then and there a dramshop keeper,” did unlawfully sell intoxicating liquors to a minor without written permission, etc.

Revised Statutes, 1889, section 4569, define a dram-shop keeper as “a person permitted by law, being licensed according to the provisions of this article, to sell intoxicating liquors in any quantity not exceeding ten gallons.” Section 4588 of the same statute provides that “Every dramshop or wine and beer-housekeeper, or any other person, who shall sell intoxicating…

2Cases cited5 opinions

  1. Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1883
  2. State v. HecklerSupreme Court of Missouri · 1884
  3. Benson v. McFaddenIndiana Supreme Court · 1875
  4. State v. GreeneMissouri Court of Appeals · 1887
  5. State v. HendrixSupreme Court of Missouri · 1889

3Cited by4 opinions

  1. State v. GrubbSupreme Court of Kansas · 1895
  2. Orscheln v. ScottCourt of Appeals of Kansas · 1901
  3. Hartshorn v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
  4. Hartshorn v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900

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