State v. Martin
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. The information is bad, because: First. It is not based on the affidavit of one having knowledge of the commission of the alleged offense, nor is it based on the personal knowledge of the prosecuting attorney. Second. It fails to set out the name of the person to whom the alleged illegal sale of the liquor was made by the defendant as a registered druggist.
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Certified from St. Louis Court of Appeals. The information is bad, because: First. It is not based on the affidavit of one having knowledge of the commission of the alleged offense, nor is it based on the personal knowledge of the prosecuting attorney. Second. It fails to set out the name of the person to whom the alleged illegal sale of the liquor was made by the defendant as a registered druggist. Hence, it fails in certainty; no. intelligent defense can be made by a druggist to such a charge, and after conviction or acquittal under it, in case of a second prosecution, no plea of former…
1Opinion of the CourtThomas, J.
An information was presented by the prosecuting attorney in the circuit court of Lincoln county, charging defendant with a violation of the statute in relation to druggists and pharmacists, by selling intoxicating liquors without license, and without proper prescriptions.
The case was sent by change of venue to the Hannibal court of common pleas for trial. Defendant filed a motion to quash the information, on the, ground, among others, that it failed to set out the name of the vendee of the liquor, which was overruled. The information contained three counts. The state entered a nolle prosequi…
2Cases cited4 opinions
- State v. JaquesSupreme Court of Missouri · 1878
- State v. SpainSupreme Court of Missouri · 1860
- State v. ElamMissouri Court of Appeals · 1886
- Wing v. CampbellSupreme Court of Missouri · 1851
3Cited by12 opinions
- State v. WingfieldSupreme Court of Missouri · 1893
- Fehringer v. PeopleSupreme Court of Colorado · 1915
- State v. CarnahanMissouri Court of Appeals · 1895
- State v. GibsonMissouri Court of Appeals · 1895
- State v. RafterMissouri Court of Appeals · 1895
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