State v. Robertson
Missouri Court of Appeals
Appeal from Christian Circuit Court. — No». John T. Moore, Judge. (1) By instruction number one given for the State, the court tells the jury to convict the defendant if they find he sold liquor within one year next before the filing of the information, and ignores his defense altogether. This is error. The sale was admitted. The question for the jnry was whether the sale was made under a valid prescription, which was ,a complete bar to a conviction if so found.
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Appeal from Christian Circuit Court. — No». John T. Moore, Judge. (1) By instruction number one given for the State, the court tells the jury to convict the defendant if they find he sold liquor within one year next before the filing of the information, and ignores his defense altogether. This is error. The sale was admitted. The question for the jnry was whether the sale was made under a valid prescription, which was ,a complete bar to a conviction if so found. R. S. 1899, sec. 3047; State v. Bevans, 52 Mo. App. 130; Ex parte Swan, 96 Mo. 44; State v. Moore, 107 Mo. App. 78; State v.…
1Opinion of the CourtNixon, P. J.
This was a criminal action commenced by the prosecuting attorney of Christian county *41by information charging that the appellant, contrary to the provisions of the Local Option Law then in force in said county, unlawfully sold one pint of whisky. Upon trial before a jury, appellant was found guilty and his punishment assessed at a fine of three hundred dollars. The case is here for our consideration on appeal.
Appellant assigns as grounds for reversal (1) that under the evidence the Local Option Law was not adopted in the county; and (2) that the trial court gave improper instructions and…
2Cases cited11 opinions
- State v. OliphantMissouri Court of Appeals · 1908
- State v. McCordSupreme Court of Missouri · 1907
- State v. ForemanMissouri Court of Appeals · 1906
- State ex rel. Church v. WeeksMissouri Court of Appeals · 1889
- State ex rel. Doran v. County CourtMissouri Court of Appeals · 1909
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3Cited by5 opinions
- American Legion Phillips Post v. City of MaldenMissouri Court of Appeals · 1959
- State v. KimmelMissouri Court of Appeals · 1911
- State v. O'KelleyMissouri Court of Appeals · 1911
- State v. O'KelleyMissouri Court of Appeals · 1911
- American Legion Phillips Post v. City of MaldenMissouri Court of Appeals · 1959