State v. Hammack
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Honb Elilioti M. Hughes, Judge. (1) It was the duty of the court to so declare the law to the jury in proper instructions, and the failure of the court to do so was and is reversible error, and this is true whether the defendant requested the court to give such instructions or not.
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Appeal from Lincoln Circuit Court. — Honb Elilioti M. Hughes, Judge. (1) It was the duty of the court to so declare the law to the jury in proper instructions, and the failure of the court to do so was and is reversible error, and this is true whether the defendant requested the court to give such instructions or not. Sec. 2627, R. S. 1899, as amended by an act approved March 20, 1901 (Session Acts 1901, p. 140); State v. Stonum, 67 Mo. 596; State v. Jones, 61 Mo. 232. The case at bar is very different from the following cases on which the prosecution rests this conviction, viz.: State v.…
1Opinion of the CourtBland, P. J.
Defendant was informed against by the prosecuting attorney of Lincoln county, for a violation of the dramshop act. He was convicted of unlawfully selling one half-pint of whisky to one James,W. Watts, in said county.
Watts as a witness for the State testified that on or about August 30, 1901, he went into the store of Ben E. Gladney, in Elsberry, Lincoln county, Missouri, and bought one half-pint of whisky from the defendant for twenty-five cents and *524paid him for it; that he had no prescription of a physician for the whisky and that no one was in the store at the time he made the purchase…
2Cases cited5 opinions
- State v. GibsonMissouri Court of Appeals · 1895
- State v. NixdorfMissouri Court of Appeals · 1891
- State v. BowersMissouri Court of Appeals · 1896
- State v. ClevengerMissouri Court of Appeals · 1887
- State v. JordanMissouri Court of Appeals · 1901
3Cited by6 opinions
- State v. LucasMissouri Court of Appeals · 1902
- State v. WillsMissouri Court of Appeals · 1911
- State v. ChinnMissouri Court of Appeals · 1911
- State v. BackMissouri Court of Appeals · 1903
- State v. RussellMissouri Court of Appeals · 1903
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