State v. Bates
Missouri Court of Appeals
Appeal from Wayne County Circuit Court. — Hon. E. M. Bearing, Judge. (1) The count in the indictment under which defendant Bates was convicted states no offense under the law. State v. Hume, 141 Mo.
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Appeal from Wayne County Circuit Court. — Hon. E. M. Bearing, Judge. (1) The count in the indictment under which defendant Bates was convicted states no offense under the law. State v. Hume, 141 Mo. App. 487. (2) Instruction numbered 1 falls far short of the necessary requirements of the statute in this, that it does not submit to the jury the question of whether or not Dr. Bates had knowledge that the whiskey and medicine prescribed by him was to be used for other than medicinal purposes. In fact there is no testimony in this case indicating that it was to be, or that it was in fact used for…
1Opinion of the CourtSTURGrIS, J.
— The defendant in this case was prosecuted and convicted under an indictment returned by the grand jury of Wayne county, Missouri, for the offense of issuing a prescription as a physician for intoxicating liquor's to be used otherwise than for medid-nal purposes. The indictment is drawn under section *3675784, Revised Statutes 1909, and charges “that on the 24th day of September, 1913, at Wayne county and State of Missouri, one S. A. Bates, being then and there a physician and engaged in the practice of medicine, did then and there unlawfully make out and issue to one Jasper Markham a…
2Cases cited3 opinions
- State v. AnthonyMissouri Court of Appeals · 1893
- State v. HumeMissouri Court of Appeals · 1910
- State v. PomeroyMissouri Court of Appeals · 1912