State v. Heckler
Supreme Court of Missouri
Appeal from Henry Circuit Court.—Hon. J. B. Gantt, J udge. The indictment is for selling intoxicating liquor on Sunday, as a dramshop keeper. It devolved upon the State to show that defendant had a license as a dramsho]} keeper, and failing to show this, the conviction was erroneous. There is no evidence that the defendant authorized her clerk to sell liquor on Sunday, or that she sanctioned the same in any way.
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Appeal from Henry Circuit Court.—Hon. J. B. Gantt, J udge. The indictment is for selling intoxicating liquor on Sunday, as a dramshop keeper. It devolved upon the State to show that defendant had a license as a dramsho]} keeper, and failing to show this, the conviction was erroneous. There is no evidence that the defendant authorized her clerk to sell liquor on Sunday, or that she sanctioned the same in any way. The principal is not liable for the unauthorized and unsanctioned acts of the agent, especially in criminal cases. The State was not called upon to prove that defendant had a license…
1Opinion of the CourtHough, C. J.
The defendant was tried, convicted and fined $50, under an indictment drawn under section 5456, Revised Statutes, which is as follows : “Any person haying a license as a dramshop keeper, who shall keep open such dramshop, or shall sell, give away, or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquors, in any quantity, on the first day of the week, commonly called Sunday, shall, upon *419conviction thereof, in addition to the penalty now provided by law, forfeit such license, and shall not be allowed to obtain a license to keep a dramshop for…
2Cases cited1 opinion
- State v. ReileySupreme Court of Missouri · 1882
3Cited by15 opinions
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. MeagherMissouri Court of Appeals · 1892
- State v. KurtzMissouri Court of Appeals · 1895
- State v. QuinnMissouri Court of Appeals · 1902
- State v. McCanceSupreme Court of Missouri · 1892
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