State v. O'Kelley
Missouri Court of Appeals
Appeal from Dade County Circuit Court.—Hon. B. G. Thurman, Judge. (1) 'The court erred in excluding from tlxe evidence the physician’s written prescription. Sec. 5781, R. S. 1909, provides that a druggist may sell intoxicating liquor on the prescription of a regularly registered and practicing physician. The prescription must reasonably and substantially comply with the statute. State v. Clevenger, 25 Mo. App. 655; State v. Hammock, 93 Mo.
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Appeal from Dade County Circuit Court.—Hon. B. G. Thurman, Judge. (1) 'The court erred in excluding from tlxe evidence the physician’s written prescription. Sec. 5781, R. S. 1909, provides that a druggist may sell intoxicating liquor on the prescription of a regularly registered and practicing physician. The prescription must reasonably and substantially comply with the statute. State v. Clevenger, 25 Mo. App. 655; State v. Hammock, 93 Mo. App. 521. (2) Druggists may sell intoxicating liquors on written prescriptions issued by practicing physicians even in counties where the Local Option Law…
1Dissent
DISSENTING OPINION
FARRINGTON, J.
—I am unable to concur in that part of the foregoing opinion which holds that the absence from the record of an entry showing an arraignment and plea is not reversible error.
Section 5165, Revised Statutes 1909, specially provides that there shall be an entry of not guilty either in case of an indictment or information where the defendant fails to plead not guilty. It has been held that there is no trial to be had until an issue is made. [State v. Montgomery, 63 Mo. l. c. 299; State v. Saunders, 53 Mo. l. c. 237.]
The writer is not unmindful of the decisions of…
2Cases cited12 opinions
- State v. WeedenSupreme Court of Missouri · 1896
- State v. WitherspoonSupreme Court of Missouri · 1910
- State v. WestSupreme Court of Missouri · 1884
- State v. HopperSupreme Court of Missouri · 1898
- State v. SeiberlingMissouri Court of Appeals · 1910
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