State v. Richeson
Supreme Court of Missouri
Appeal from, St. Louis Court of Criminal Correction. I. “ To be a merchant, in the sense of the law, the dealer must have on hand goods, wares, and merchandise ready for sale and present delivery, and must also actually deal in the selling of the same.” (The State v. Whittaker, 33 Mo. 457; The State v. West, 34 Mo. 424; R. C. 1855, p. 409, §§ 1, 2.) II.
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Appeal from, St. Louis Court of Criminal Correction. I. “ To be a merchant, in the sense of the law, the dealer must have on hand goods, wares, and merchandise ready for sale and present delivery, and must also actually deal in the selling of the same.” (The State v. Whittaker, 33 Mo. 457; The State v. West, 34 Mo. 424; R. C. 1855, p. 409, §§ 1, 2.) II. The presumption of innocence runs in favor of the accused, and remains until overcome by competent proof; and there is no evidence in this case.that the Collier White Lead Company ever delivered any white lead on an order that could hot be…
1Opinion of the CourtBliss, Judge
Defendants were prosecuted by information for exercising the trade and business . of merchants without license; and it was shown that they were officers and agents of the Collier White Lead and Oil Company, a St. Louis corporation engaged in the manufacture .of white lead. The evidence failed to show that the manufactured article was kept on hand and exposed for sale by the company, but it did show that its agents were in the habit of receiving orders at the manufactory from wholesale dealers, *577entering them upon the order-book, and subsequently delivering the lead. The witnesses gave…
2Cases cited2 opinions
- State v. WhittakerSupreme Court of Missouri · 1863
- State v. WestSupreme Court of Missouri · 1864
3Cited by11 opinions
- State v. MillerSupreme Court of Missouri · 1870
- State v. DentWest Virginia Supreme Court · 1884
- People v. SwinefordMichigan Supreme Court · 1889
- Bell v. StateCourt of Criminal Appeals of Texas · 1911
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
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