State v. Wilson
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. The bitters sold were “ medicated hitters containing alcohol,” and druggists were prohibited from selling them by section 1, page 166, Laws 1879. The only provision of law then in force (1880) under which defendant could claim the right to sell guph bitters as is agreed were sold? is that part of section 3, page 166, Laws 1879, which says : “ Such dealer in drugs and medicines may sell or give away, in any…
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Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. The bitters sold were “ medicated hitters containing alcohol,” and druggists were prohibited from selling them by section 1, page 166, Laws 1879. The only provision of law then in force (1880) under which defendant could claim the right to sell guph bitters as is agreed were sold? is that part of section 3, page 166, Laws 1879, which says : “ Such dealer in drugs and medicines may sell or give away, in any quantity * * liquors of any kind when the same * * are used solely in the admixture of necessary remedial compounds * * .” It…
1Opinion of the Court
Martin, C.
The defendant was indicted at the October term, 1880, of the circuit court of Adair county, for selling intoxicating liquor as a druggist in loss quantity than one gallon. He pleaded “ not guilty,” and the cause was tried by the court sitting as a jury at the February term, 1881.
The following agreed statement of facts was submitted to the court:
1. That defendant sold one pint bottle of “ Dr. Wilson’s Rocky Mountain Herb Bitters,” as charged in the indictment. 2. That said bitters are intoxicating to a certain extent, and contain alcohol. 3. That said bitters contain cinchona,…
2Cases cited1 opinion
- State v. RollerSupreme Court of Missouri · 1882
3Cited by2 opinions
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Brandon v. StateAlabama Court of Appeals · 1931