State v. Mitchell
Supreme Court of Missouri
Appeal from Greene Circuit Court. The following is the instruction given by the court: “ If the jury believe from the evidence in this case that the defendant, in the county of Greene, within one year before the finding of this indictment, did sell any whisky in a quantity less than one gallon,- they must find the defendant guilty, unless the jury further find from the evidence that the defendant was a dealer in drugs and medicines and that the whisky was used only for…
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Appeal from Greene Circuit Court. The following is the instruction given by the court: “ If the jury believe from the evidence in this case that the defendant, in the county of Greene, within one year before the finding of this indictment, did sell any whisky in a quantity less than one gallon,- they must find the defendant guilty, unless the jury further find from the evidence that the defendant was a dealer in drugs and medicines and that the whisky was used only for medicinal purposes.”
1Opinion of the CourtNaptON, Judge
The defendant was indicted for selling whisky in quantities under a gallon. It appeared on the trial that he was a dealer in drugs and medicines, and was also family physician to the person who purchased the whisky, and that he had prescribed the whisky to be used in combination with certain barks as a tonic mixture for the purchaser’s wife. The purchaser, however, used a portion of the whisky as a mere beverage for himself and gave a dram or two of it to some of his visitors. This was in the absence of the defendant and without his knowledge, so far as it appeared and occurred at the…
2Cited by2 opinions
- Chipman v. PeopleSupreme Court of Colorado · 1898
- State v. HumeMissouri Court of Appeals · 1910