State v. West
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. The indictment does not charge the defendant with dealing in the selling of cloths, cassimeres, and vestings; and the court below by instruction excluded from consideration all evidence tending to show the dealing as a merchant by the selling of those commodities.
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Appeal from St. Louis Criminal Court. The indictment does not charge the defendant with dealing in the selling of cloths, cassimeres, and vestings; and the court below by instruction excluded from consideration all evidence tending to show the dealing as a merchant by the selling of those commodities. The indictment simply charges the defendant with dealing as a merchant by selling “ one coat, one pair of pants, and one vest,” to divers persons unknown; and the question is, whether the facts as developed by the agreed case show such a dealing in those articles as constitute him a merchant…
1Opinion of the CourtDryden, Judge
The appellant was indicted for dealing as a merchant in the selling of goods, wares, and merchandise, viz., one coat, one pair of pants, and one vest, without having any license therefor continuing in force. The cause was tried by the court without a jury, upon the facts agreed as follows : “ It is agreed that, for one year prior to the finding of the indictment in this case, the defendant was a tailor in the city of St. Louis, in St. Louis county ; that during said time he kept on hand, at his place of business in said county, a lot of cloths, cassimeres, and vestings, for the purpose of…
2Cases cited1 opinion
- State v. WhittakerSupreme Court of Missouri · 1863
3Cited by7 opinions
- State v. RichesonSupreme Court of Missouri · 1870
- Dunston v. City of NorfolkSupreme Court of Virginia · 1941
- Kansas City v. Ferd Heim Brewing Co.Missouri Court of Appeals · 1903
- City of Troy v. HarrisMissouri Court of Appeals · 1903
- Hotchkiss v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1915
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