State v. Andrews
Supreme Court of Missouri
Error to Chariton Circuit Cov/rt. This was an indictment for selling liqnor without license. The defendant pleaded a former conviction for the same offence. The cause was tried by the court without a jury. The court found the defendant guilty as charged. The court refused certain declarations of law, the erroneous character of which is apparent from the opinion of the court. cited Greenl.
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Error to Chariton Circuit Cov/rt. This was an indictment for selling liqnor without license. The defendant pleaded a former conviction for the same offence. The cause was tried by the court without a jury. The court found the defendant guilty as charged. The court refused certain declarations of law, the erroneous character of which is apparent from the opinion of the court. cited Greenl. Ev. § 36 ; State v. McGrath, 19 Mo. 678; Brown v. King, 10 Mo. 57; R. C. 1855, p. 1181; 11 Mo. 363; State v. Yaughn, 26 Mo. 29; State v. McGee, 8 Mo. 495.) I. The sales of liquor were distinct. Each sale was…
1Opinion of the CourtRichardson, Judge
We think that the instructions asked by defendant were properly refused, because they all assume, as a matter of law, that the misdemeanor for which the defendant was on trial *268was the same offence for which he had previously been indicted and convicted. Each act of selling is a distinct offence, for which the defendant may be prosecuted by a separate indictment, or by different counts in the same indictment ; and when it is pleaded that the offence charged in both indictments is the same, the averment may be established by parol evidence and is to be proved by the defendant. To sustain the…
2Cases cited1 opinion
- Maeder v. StateSupreme Court of Missouri · 1848
3Cited by17 opinions
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- State v. PianfettiSupreme Court of Vermont · 1906
- People v. GaultMichigan Supreme Court · 1895
- Foran v. StateIndiana Supreme Court · 1924
- State v. GammaMissouri Court of Appeals · 1910
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