State v. Keith
Missouri Court of Appeals
Appeal from the LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1) The statute does not extend the penal consequences to aiders and abettors. R. S. 1889, secs. 4570, 4583, p. 1044 ; Commonwealth ». Willard, 22 Pick. (Mass.) 476; Frey ®. Commonwealth, 83 Ky. 190; Commonwealth ». Williams, 4 Allen, 587; Hill v. Spear, 50 N. H. 253 ; Harney ®. /S'iaie, 8 lea, 113; Wliart.
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Appeal from the LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1) The statute does not extend the penal consequences to aiders and abettors. R. S. 1889, secs. 4570, 4583, p. 1044 ; Commonwealth ». Willard, 22 Pick. (Mass.) 476; Frey ®. Commonwealth, 83 Ky. 190; Commonwealth ». Williams, 4 Allen, 587; Hill v. Spear, 50 N. H. 253 ; Harney ®. /S'iaie, 8 lea, 113; Wliart. Crim., Law [7 Ed.] sec. 120. (2) Even if aiders and abettors were covered by the statute to constitute them aiders and abettors, the act must have been knowingly done. Village of St. Johnsbury v. Thompson, 9 Vt.. 571;…
1Opinion of the CourtEllison, J.
-The defendant was indicted for selling liquor in less quantities than one gallon, without having a dramshop keeper’s license, or other legal authority so to do. He was convicted, and he prosecutes this appeal. The evidence not showing in an altogether satisfactory manner that the defendant had made the sale, the court, at the instance of the state, gave an instruction directing the jury to find the defendant guilty if he “was present aiding, assisting, abetting, countenancing or in anywise encouraging the making of such sale.” This was error. In misdemeanors of the class to which…
2Cited by3 opinions
- State v. O'ConnorMissouri Court of Appeals · 1896
- State v. ZehnderMissouri Court of Appeals · 1914
- State v. BrownMissouri Court of Appeals · 1902