Legal Opinion

State v. Clark

Missouri Court of Appeals

Decided June 15, 1885PublishedCited by 1 opinion

Appeal from Jasper Circuit Court, Hon. M. Gf. McGregor, J. The facts sufficiently appear in the opinion of the court. I. The appellant relies, for several reasons, mainly upon two points: (1) That the. case tried and upon which the defendant was convicted, was a different offence from the one upon which he was tried and convicted before the justice. [ He was convicted before the justice on evidence of a sale of one drink to one Mattix, and on appeal to the circuit court, the…

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Appeal from Jasper Circuit Court, Hon. M. Gf. McGregor, J. The facts sufficiently appear in the opinion of the court. I. The appellant relies, for several reasons, mainly upon two points: (1) That the. case tried and upon which the defendant was convicted, was a different offence from the one upon which he was tried and convicted before the justice. [ He was convicted before the justice on evidence of a sale of one drink to one Mattix, and on appeal to the circuit court, the state abandoned the sale to Mattix and relied for conviction on the facts stated in the opinion of the court]. Sects.…

1Opinion of the Court

*532Opinion by

Ellison, J.

This is an indictment against defendant for selling liquor in less quantities than one gallon.. He was tried and .convicted in the court below, and appeals to this court.

The following facts appeared in evidence on cross-examination of defendant. That Clark and a number of Ms neighbors at Smithfield made up a club and sent to St. Louis for a ten gallon keg of whiskey, agreeing before they sent on the amount each one was to take, and that each one was to pay just what it cost to get it; including his proportion of the freight, the money not being advanced because it was not…

2Cases cited1 opinion

  1. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1869

3Cited by1 opinion

  1. State v. TindallMissouri Court of Appeals · 1890

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