State v. Potter
Missouri Court of Appeals
Appeal from Cooper Circuit Court.— Hon William H. Martin, Judge. (1) Tbe trial court .erred in overruling defendant’s plea in bar. An issue of fact was raised by it and entitled defendant to a trial of that issue. State v. Anderson, 166 Mo. 28; State v. Huffman, 186 Mo. 63; State v. Scbmidt, 136 Mo. 644; State v. Wiseback, 139 M'o. 216; State v. Harris, 47 Mo. App. 558. (2) There was no person named in the information to whom the sale was alleged to have been made.
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Appeal from Cooper Circuit Court.— Hon William H. Martin, Judge. (1) Tbe trial court .erred in overruling defendant’s plea in bar. An issue of fact was raised by it and entitled defendant to a trial of that issue. State v. Anderson, 166 Mo. 28; State v. Huffman, 186 Mo. 63; State v. Scbmidt, 136 Mo. 644; State v. Wiseback, 139 M'o. 216; State v. Harris, 47 Mo. App. 558. (2) There was no person named in the information to whom the sale was alleged to have been made. This is necessary in criminal prosecutions against druggists. State v. Martin, 108 M'o. 117; State v. Rofter, 62 Mo. App. 101.…
1Opinion of the CourtBroaddtjs, P. J.
The defendant was tried and convicted on information on the charge of selling whiskey on the tenth day of April, 1906, in the county of Cooper, without first having appeared before the county clerk of said county and taken and subscribed an oath not to mix and adulterate with any substance whatever liquors offered by him for sale, and without and before giving bond in the sum of five hundred dollars with good and sufficient surety, as required by law, for the payment of all costs arising from prosecutions for violations of the provisions of chapter 15 of article 8, of Revised Statutes of…
2Cases cited4 opinions
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- State v. ManningSupreme Court of Missouri · 1902
- State v. HatcherSupreme Court of Missouri · 1897
- State v. SummersSupreme Court of Missouri · 1898
3Cited by2 opinions
- State v. FieldsSupreme Court of Missouri · 1958
- Blakeslee v. BrennanConnecticut Superior Court · 1940