State v. Edwards
Supreme Court of Missouri
Appeal from Davits Circuit Court. I. The indictment is bad, being for an offense not jointly indictable. (Rex vs. Atkinson, 1 Salk., 382; Rex vs. Weston, 2 Strange, 623, cited in Arch. Or. Plead, p. 55; Yaughan vs. State, 4 Mo., 530.) I. Defendants were jointly engaged in business as partners, and the act of one was the act of the other. If one made a sale in violation of law, then both are guilty. Where the agent sells, both principal and agent are-liable to indictment.
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Appeal from Davits Circuit Court. I. The indictment is bad, being for an offense not jointly indictable. (Rex vs. Atkinson, 1 Salk., 382; Rex vs. Weston, 2 Strange, 623, cited in Arch. Or. Plead, p. 55; Yaughan vs. State, 4 Mo., 530.) I. Defendants were jointly engaged in business as partners, and the act of one was the act of the other. If one made a sale in violation of law, then both are guilty. Where the agent sells, both principal and agent are-liable to indictment. (State vs. Hays, 13 Mo., 246; State vs. Bryant, 14 Mo., 340; Id., 137.) II. The indictment is good. (State vs. Wislion, 15…
1Opinion of the CourtSherwood, Judge
The defendants were jointly indicted for selling liquor without a license. The indictment is well enough as to form.
Upon trial the defendants showed no authority whatever for the acts charged, and in this State the onus of doing this is cast on the party accused in cases of this character. (Schmidt vs. State, 14 Mo., 137; Wheat vs. State, 6 Mo., 455.)
There is now no doubt but that parties may be jointly indicted for the offense so specified in the indictment now before us. The case of Vaughn vs. State (4 Mo., 530), cited by appellant’s counsel,and which seems to militate against this view,was…
2Cases cited8 opinions
- Schmidt v. StateSupreme Court of Missouri · 1851
- Wheat v. StateSupreme Court of Missouri · 1840
- State v. GaySupreme Court of Missouri · 1847
- State v. CraigheadSupreme Court of Missouri · 1862
- State v. DuclosSupreme Court of Missouri · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. LehmanSupreme Court of Missouri · 1904
- State v. ChamberlainSupreme Court of Missouri · 1886
- Bell v. StateCourt of Criminal Appeals of Texas · 1911
- State v. WinstandleyIndiana Supreme Court · 1898
- Stokes v. United StatesCourt of Appeals for the Fifth Circuit · 1938
11 more not listed; retrieve them via the Exa API.