State v. Witty
Missouri Court of Appeals
Appeal from the Christian Circuit Court. — Hon. James T.'Neville, Judge. The record in this case shows that the defendant was indicted under the dramshop law (Acts of 1891, s¿c. 2, p. 128), when in fact he should have been indicted under the druggist law as a druggist, for the reason that the undisputed evidence in this case shows that the defendant was the owner and proprietor of the drugstore, and had taken out a license as such; that Dr.- Smith was a regular registered…
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Appeal from the Christian Circuit Court. — Hon. James T.'Neville, Judge. The record in this case shows that the defendant was indicted under the dramshop law (Acts of 1891, s¿c. 2, p. 128), when in fact he should have been indicted under the druggist law as a druggist, for the reason that the undisputed evidence in this case shows that the defendant was the owner and proprietor of the drugstore, and had taken out a license as such; that Dr.- Smith was a regular registered pharmacist and was employed by the defendant as such for the purpose of compounding and dispensing drugs, medicines and…
1Opinion of the CourtBond, J.
— The defendant was indicted for violation of the dramshop law. He moved to quash the indictment, on the ground that he was a druggist and not amenable to said indictment.
Evidence was introduced by him in support of that motion which was, however, overruled. Thereupon the case was tried by the court, a jury being waived, and a judgment of conviction entered, from which this appeal was taken. On the trial defendant objected to any evidence under the indictment, for the reason that *552he was not liable thereunder. This objection being overruled, the record shows that the trial was proceeded with,…
2Cited by6 opinions
- State v. QuinnMissouri Court of Appeals · 1902
- State v. QuinnSupreme Court of Missouri · 1902
- State v. WillsMissouri Court of Appeals · 1911
- State v. HeibelMissouri Court of Appeals · 1906
- Town of Knox City v. WhiteakerMissouri Court of Appeals · 1901
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