State v. Davis
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The trial court erred in overruling defendant’s application for a continuance. (2) Section 4611, Revised Statutes 1889, restricts the right to compound and dispense prescriptions to the registered pharmacist or his aid. Section 4621 enlarges this right in reference to prescriptions for liquor so they may be dispensed by the druggist, proprietor of the drug store or pharmacist.
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Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The trial court erred in overruling defendant’s application for a continuance. (2) Section 4611, Revised Statutes 1889, restricts the right to compound and dispense prescriptions to the registered pharmacist or his aid. Section 4621 enlarges this right in reference to prescriptions for liquor so they may be dispensed by the druggist, proprietor of the drug store or pharmacist. When these two sections are construed together, as they must be, it is clear that section 4621 is intended to remove the limitation so as to…
1Opinion of the CourtSmith, P. J.
The defendant was prosecuted and convicted in the court below on an information charging him with a violation of the dramshop law. It appears from the record that he was the clerk of one *588Hawkins, who was the owner of a certain drug store. Hawkins had a merchant’s license. Neither he nor the defendant was a registered pharmácist, apothecary or physician, but the former kept constantly in his employment a competent pharmacist. The undisputed • evidence shows that the defendant, in his quality as clerk of the owner of the drug store, made a sale of a half pint of whiskey at the time and place…
2Cases cited3 opinions
- State v. BaskettMissouri Court of Appeals · 1893
- State v. WilliamsMissouri Court of Appeals · 1897
- State v. HendrixSupreme Court of Missouri · 1889
3Cited by2 opinions
- State v. WillsMissouri Court of Appeals · 1911
- State v. TotmanMissouri Court of Appeals · 1899