State v. McCance
Supreme Court of Missouri
Certified from Kansas City Cowrt of Appeals. (1) The indictment is insufficient in law. Under it the defendant did not and could not know what to meet. He had the constitution al right to know this which right was denied him.
Read the full summary
Certified from Kansas City Cowrt of Appeals. (1) The indictment is insufficient in law. Under it the defendant did not and could not know what to meet. He had the constitution al right to know this which right was denied him. Constitution, art. 2, sec. 22; State v. CrooJcer, 95 Mo. 389; State v. Bealtey, 62 Mo. 40; State v. Hayward, 83 Mo. 299; United States v. Crmkshcmlc, 92 U. 8. 558; United States v. Hess, 124 U. S. 483. (2) It was error to receive evidence of a sale to the minor by the bar-keeper of defendant. It was a variance from the allegations of the indictment. The allegations in…
1Opinion of the CourtGIantt, P. J.
The defendant was indicted by the grand jury of LaPayette county, at the March term, 1891, for having on December 25, 1890, in said county, as a dramshop keeper, unlawfully sold intoxicating liquor to one Dave Blewitt, a minor, without the written permission of his parent, mother or guardian. Defendant was convicted and fined $50. Prom this conviction he appealed to the Kansas City court of appeals. Defendant having challenged the indictment in that court, on the ground that it did not inform defendant of the nature and cause of the accusation against .him, it was. ordered transferred to this…
2Cases cited25 opinions
- People v. RobyMichigan Supreme Court · 1884
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- Barnes v. StateSupreme Court of Connecticut · 1849
- Noecker v. PeopleIllinois Supreme Court · 1878
20 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. BuckSupreme Court of Missouri · 1894
- State v. McMahonSupreme Court of Missouri · 1911
- State v. OttoSouth Dakota Supreme Court · 1917
- Ex parte HeltonMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.