State v. O'Kelley
Missouri Court of Appeals
Appeal from Dade County Circuit Court.—Hon. B. G. Thurman, Judge. (1) 'The court erred in excluding from tlxe evidence the physician’s written prescription. Sec. 5781, R. S. 1909, provides that a druggist may sell intoxicating liquor on the prescription of a regularly registered and practicing physician. The prescription must reasonably and substantially comply with the statute. State v. Clevenger, 25 Mo. App. 655; State v. Hammock, 93 Mo.
Read the full summary
Appeal from Dade County Circuit Court.—Hon. B. G. Thurman, Judge. (1) 'The court erred in excluding from tlxe evidence the physician’s written prescription. Sec. 5781, R. S. 1909, provides that a druggist may sell intoxicating liquor on the prescription of a regularly registered and practicing physician. The prescription must reasonably and substantially comply with the statute. State v. Clevenger, 25 Mo. App. 655; State v. Hammock, 93 Mo. App. 521. (2) Druggists may sell intoxicating liquors on written prescriptions issued by practicing physicians even in counties where the Local Option Law…
1Opinion of the CourtSturgis, J.
—At the outset of this case it is necessary to observe that the clerk in copying and certifying the bill of exceptions as part‘of the record herein has faded to insert where called for certain documentary evidence offered in the case. It is not sufficient that, the clerk merely certify the copy of the bill of exceptions as filed in his office, but wherever documentary evidence has been offered and there is a call for the same in the bill of exceptions by saying therein, “Clerk will here copy same,” or equivalent words, care should be taken by the clerk to follow such directions and to…
Also in this document: Concurrence.
2Cases cited28 opinions
- State v. GrateSupreme Court of Missouri · 1878
- Ex parte SwannSupreme Court of Missouri · 1888
- State v. MontgomerySupreme Court of Missouri · 1876
- Hoskins v. PeopleIllinois Supreme Court · 1876
- State v. MooreSupreme Court of Missouri · 1891
23 more not listed; retrieve them via the Exa API.