State v. Morton
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) We do not think there is any evidence in this case to warrant this instruction.- Besides, it denies that the question of agency could exist in this case, contrary, as we think, to the ruling of this court heretofore made. State v. Ciarle, 18 Mo. App. 531; Iiogg v. People, 19 Cent.
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Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) We do not think there is any evidence in this case to warrant this instruction.- Besides, it denies that the question of agency could exist in this case, contrary, as we think, to the ruling of this court heretofore made. State v. Ciarle, 18 Mo. App. 531; Iiogg v. People, 19 Cent. Law Jour. 476. (2) The court, we think, erred in refusing the instructions asked by the defendant, because the proof clearly established the fact that the defendant simply acted in the purchase and delivery of the whiskey as the agent of Mers, and…
1Opinion of the CourtGill, J.
Defendant Morton was indicted, tried and found guilty of selling liquor, to-wit, one gill of whiskey, in Cass county, contrary to the provision of the local-option law in force at the time in said county. The cause was tried before a jury, who assessed a fine of three hundred dollars, on which a judgment was entered, and from which defendant appeals. The particular matter charged is that defendant met one Mers at Harrisonville, whereupon said Mers complained to Morton that it “ was a dry town,” etc., and defendant replied to Mers that, if he (Mers) would furnish the money, he (Morton) would…
2Cases cited3 opinions
- Schmidt v. StateSupreme Court of Missouri · 1851
- Hays v. StateSupreme Court of Missouri · 1850
- State v. DurkemMissouri Court of Appeals · 1886
3Cited by3 opinions
- State v. ItoSupreme Court of Minnesota · 1911
- State v. BrownMissouri Court of Appeals · 1910
- State v. SmithSupreme Court of Kansas · 1893