State v. Quinn
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hoe. John Gr. Weak, Judge. (1) The allegations of the indictment will not warrant a judgment, and the motion in arrest should have been sustained; the theory of’ the indictment being that the druggist must procure, prescription from some regular practicing physician — not that the purchaser should procure the same.
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Appeal from the Butler Circuit Court. — Hoe. John Gr. Weak, Judge. (1) The allegations of the indictment will not warrant a judgment, and the motion in arrest should have been sustained; the theory of’ the indictment being that the druggist must procure, prescription from some regular practicing physician — not that the purchaser should procure the same. (2) The motion for bill of particulars should have been sustained ; while such orders are very much in the discretion .of the court, that discretion will be reviewed and it will be held error if such discretion deprives persons charged with…
1Opinion of the CourtRombauer, P. J.
The defendant was indicted in November, 1888, for selling intoxicating liquor as a druggist without a *629written prescription from a registered physician. The indictment was preferred under section 2 of the act of March 29, 1883 (Laws, 1883, p. 90), which reads as follows:
“No druggist or pharmacist shall, directly or indirectly, sell, give away or otherwise dispose of intoxicating liquors of any kind in any quantity less than one gallon, for any purpose, except on a written prescription, dated and signed, first had and obtained from some regularly registered and practicing physician, and then…
2Cases cited6 opinions
- State v. GradySupreme Court of Missouri · 1884
- Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
- State v. DunnSupreme Court of Missouri · 1881
- Casey v. StateSupreme Court of Missouri · 1840
- State v. RobinsonSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mathis v. StateSupreme Court of Florida · 1903
- State v. BoschMontana Supreme Court · 1952
- Jones v. StateSupreme Court of Alabama · 1902
- Wilson v. United StatesCourt of Appeals for the Second Circuit · 1921
- Rees v. United StatesCourt of Appeals for the Fourth Circuit · 1938
7 more not listed; retrieve them via the Exa API.