State v. Hays
Supreme Court of Missouri
Appeal from Greene Circuit Court. This was an indictment under the 4th and 10th sections of the “Act to prevent the adulteration of spirituous liquors,” approved March 28, 1861. (Sess. Acts 1860-1, p. 92.) The indictment is founded on the 4th section, the penalty is provided under the 10th. The evidence tends to show the commission of the offence against which the 4th section is intended to guard.
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Appeal from Greene Circuit Court. This was an indictment under the 4th and 10th sections of the “Act to prevent the adulteration of spirituous liquors,” approved March 28, 1861. (Sess. Acts 1860-1, p. 92.) The indictment is founded on the 4th section, the penalty is provided under the 10th. The evidence tends to show the commission of the offence against which the 4th section is intended to guard. I. It is contended that it was unnecessary to charge in the indictment that the defendant sold liquors to any particular person by name, or to prove any particular person by name. The indictment is…
1Opinion of the CourtHolmes, Judge
The defendant was indicted at the July term, 1864, of the Circuit Court of the county of Greene for unlawfully selling spirituous liquors to one John McElhaney without having taken the oath and filed the bond required by the act of March 28, 1861, (Sess. Acts of 1860-61, p. 92,) and pleaded not guilty.
The only evidence offered on the trial was the testimony of John McElhaney, to the effect that he was acquainted with the defendant and had drunk frequently at the grocery called “Hays & Gorman’s,” but that he never bought any liquor of Hays in his life, though he had once seen him behind the…
2Cases cited3 opinions
- People v. AdamsNew York Supreme Court · 1837
- Neales v. StateSupreme Court of Missouri · 1847
- State v. ShoemakerSupreme Court of Missouri · 1841
3Cited by1 opinion
- State v. FanningSupreme Court of Missouri · 1866