State v. Dengolensky
Supreme Court of Missouri
Error t > Cooper Circuit Court. — IIon. E. L. Edwards, Judge. The indictment properly charges the offense prohibited by the statute. The statute, (R. S. 1879, § 1581), forbids the sale of any fermented or distilled liquor and the indictment charges the sale of intoxicating liquor, to-wit: whisky, brandy, wine, beer, lager-beer, ale and gin. Courts will take judicial notice that whisky and brandy are distilled liquors and wine, beer and ale fermented liquors.
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Error t > Cooper Circuit Court. — IIon. E. L. Edwards, Judge. The indictment properly charges the offense prohibited by the statute. The statute, (R. S. 1879, § 1581), forbids the sale of any fermented or distilled liquor and the indictment charges the sale of intoxicating liquor, to-wit: whisky, brandy, wine, beer, lager-beer, ale and gin. Courts will take judicial notice that whisky and brandy are distilled liquors and wine, beer and ale fermented liquors. State v. Williamson, 21 Mo. 495 ; Watson v. State, 55 Ala. 158; Wiles v. State, 33 Ind. 206; State v. Moore, 5 Elackf. (Ind.) 118. And…
1Opinion of the Court
Martin, C.
-The indictment in this case was presumably based upon section 1581 of the statutes, which prohibits the sale of “ fermented or distilled liquors” on Sunday. R. S. 1879, § 1581. It charges the defendants with the offense of selling “ intoxicating liquor ” to-wit : One pint of whiskey, one pint of brandy, one pint of wine, one pint of beer, and one pint of ale for the price of five cents each, on the first day of the week commonly called Sunday. The defendants demurred to the indictment on the ground that they were not charged with the offense prohibited by the statute. The demurrer…
2Cases cited3 opinions
- State v. HecklerSupreme Court of Missouri · 1884
- State v. WilliamsonSupreme Court of Missouri · 1855
- State v. LislesSupreme Court of Missouri · 1874
3Cited by5 opinions
- State v. ThomasonCourt of Criminal Appeals of Oklahoma · 1923
- State v. MaloneMissouri Court of Appeals · 1946
- State v. EffingerMissouri Court of Appeals · 1891
- State v. YorkSupreme Court of New Hampshire · 1907
- State v. BarrMissouri Court of Appeals · 1888