State v. Galliton
Missouri Court of Appeals
Appeal from Dent County Circuit Court.—Hon. L. B. Woodside, Judge. (1) The design of the statute upon which the charge here is founded is to prevent violations of the Local Option Law. State v. Boehler, 148 Mo. App. 614,128 S. W. 518; State v. Rawlings, 232 Mo. 544,134 S. W. 530; State v. Burns, 237 Mo. 222, 140 S. W. 871; State v. Clow, 131 Mo. App. 548, 110 S. W. 632. (2) It is not every handling or possession of whiskey which is unlawful.
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Appeal from Dent County Circuit Court.—Hon. L. B. Woodside, Judge. (1) The design of the statute upon which the charge here is founded is to prevent violations of the Local Option Law. State v. Boehler, 148 Mo. App. 614,128 S. W. 518; State v. Rawlings, 232 Mo. 544,134 S. W. 530; State v. Burns, 237 Mo. 222, 140 S. W. 871; State v. Clow, 131 Mo. App. 548, 110 S. W. 632. (2) It is not every handling or possession of whiskey which is unlawful. State v. Fulks, 207 Mo. 26, Í05 S. W. 733. (3) A mere custody is not such a keeping as is contemplated by the statute. There must be a possession of the…
1Opinion of the CourtFarrington, J.
This appeal grows out of a charge by information, founded upon sections 7227, 7228 and 7229, Revised Statutes 1909, that Carrie Galliton, on March 24,1913, in Dent county, while the Local Option Law was in effect therein, ‘ ‘ did then and there unlawfully and wilfully keep and store for and did then *117and there deliver to and for another person, to-wit, Lee Sprague, certain intoxicating’ liquors, to-wit, one pint of whiskey,” etc. Upon the trial the jury returned a verdict of guilty of keeping intoxicating liquors for Lee Sprague and assessed defendant’s punishment at a fine of three hundred…
2Cases cited9 opinions
- State v. EdwardsSupreme Court of Missouri · 1875
- State v. MartinSupreme Court of Missouri · 1910
- State v. PyscherSupreme Court of Missouri · 1903
- State v. HeathSupreme Court of Missouri · 1911
- State v. PriceSupreme Court of Missouri · 1910
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3Cited by3 opinions
- State v. BaylessSupreme Court of Missouri · 1951
- State v. ZehnderMissouri Court of Appeals · 1914
- State v. ElmoreMissouri Court of Appeals · 1916