State v. Cox
Supreme Court of Missouri
Appeal from Christian Circuit Court. The defendant was indicted at the September term, 1860, of the Christian Circuit Court, before P. EL Edwards, judge, for dealing as a merchant, under an act to license and tax merchants, (Acts 1858-9, p. 54, § 2,) without taking out license. At the March term of the court for the year 1861, the defendant filed his motion to quash, which was sustained by the court, and the State appealed.
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Appeal from Christian Circuit Court. The defendant was indicted at the September term, 1860, of the Christian Circuit Court, before P. EL Edwards, judge, for dealing as a merchant, under an act to license and tax merchants, (Acts 1858-9, p. 54, § 2,) without taking out license. At the March term of the court for the year 1861, the defendant filed his motion to quash, which was sustained by the court, and the State appealed. I. Where an offence is created by statute, and exceptions are contained in the statute, but not in the section creating the offence, it is not necessary to negative such…
1Opinion of the CourtBates, Judge
The indictment charges that the defendant did “ unlawfully sell at a certain store, stand and place, occupied by him for that purpose, various articles of goods, wares and mer*568chandise, and drugs and medicines, the names of which are unknown to said grand jurors, without having any license or legal authority whatever to sell the same, contrary to the statute,” &c.
On motion of defendant, the court quashed the indictment.
The statute (Acts 1858-9, p. 53) provides that “ every person or copartnership of persons who shall deal in the selling of goods, wares and merchandise, at any store, stand or…
2Cases cited3 opinions
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- State v. MartinSupreme Court of Missouri · 1838
- State v. HunterSupreme Court of Missouri · 1838
3Cited by19 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
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- Baeumel v. StateSupreme Court of Florida · 1890
- State v. O'BrienSupreme Court of Missouri · 1881
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