State v. Moore
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) The case of State ex rel. n. Pond, 93 Mo. 606, should be overruled, and the local-option law held unconstitutional. (2) There was not sufficient testimony to convict defendant on the first and sixth counts of sales to John Burr. He always told defendant he wanted alcohol for medicine and he thought he did. (3) Defendant being a druggist could not be convicted under the information in this case.
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Appeal from Mercer Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) The case of State ex rel. n. Pond, 93 Mo. 606, should be overruled, and the local-option law held unconstitutional. (2) There was not sufficient testimony to convict defendant on the first and sixth counts of sales to John Burr. He always told defendant he wanted alcohol for medicine and he thought he did. (3) Defendant being a druggist could not be convicted under the information in this case. State v. MeeTc, 70 Mo. 355; State v. O'Brian, 74 Mo. 349; State v. Merchant, 25 Mo. App. 657; State 'o. Ryan, 30 Mo. App. 159 ; Ex…
1Opinion of the CourtMacfarlane, J.
Defendant was prosecuted in the circuit court of Mercer county, by information containing six counts, for selling intoxicating liquor in said county in violation of what is known as the “local-option law,” being now article 2, chapter 56, Revised Statutes, 1889, was convicted on the first and sixth *81counts of the information, and á fine of $600 imposed, from which he appealed to this court, a constitutional question being involved. It is admitted upon the record that the local-option law had been adopted and was in force in the county at the time the offenses charged were committed, if the law…
2Cases cited4 opinions
- Ex parte SwannSupreme Court of Missouri · 1888
- State v. ShiflettSupreme Court of Missouri · 1855
- State v. SuttonSupreme Court of Missouri · 1857
- State v. WrightMissouri Court of Appeals · 1886
3Cited by20 opinions
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- State v. SearcySupreme Court of Missouri · 1892
- Ex Parte FrancisCourt of Criminal Appeals of Texas · 1914
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- State v. DuganSupreme Court of Missouri · 1892
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