State v. Piper
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The defendant is indicted for selling liquor in less quantities than five gallons under the merchant law found in 2 Revised Statutes, 1879, page 1244. By section 6313, Revised Statutes, 1879, we get the legal definition of the word merchant, and the 28 Mo., page 565, draws the distinction between a merchant proper and a druggist, who is also required to have a merchant’s license, (2) The merchant act…
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The defendant is indicted for selling liquor in less quantities than five gallons under the merchant law found in 2 Revised Statutes, 1879, page 1244. By section 6313, Revised Statutes, 1879, we get the legal definition of the word merchant, and the 28 Mo., page 565, draws the distinction between a merchant proper and a druggist, who is also required to have a merchant’s license, (2) The merchant act is not applicable to the defendant for the reason that the defendant is a pharmacist (see license in agreed statement of…
1Opinion of the CourtEllison, J.
The defendant was indicted and convicted as a merchant, under section 6334, Revised Statutes, 1879, as amended by the Laws of 1877, page 217, now section 6915, Revised Statutes, 1889, for selling liquor, in less quantity than five gallons. The following is the agreed statement of facts upon which the trial court found him guilty, viz.:
“On the day mentioned in the indictment the defendant sold to the witness John Daniels (who is indorsed as a witness on the back of the indictment in this case) one gallon of lager beer ; said gallon of lager beer was sold to said witness Daniels by the…
2Cited by15 opinions
- State v. SearcyMissouri Court of Appeals · 1891
- State v. QuinnMissouri Court of Appeals · 1902
- State v. QuinnSupreme Court of Missouri · 1902
- State v. BaskettMissouri Court of Appeals · 1893
- State v. GoffMissouri Court of Appeals · 1896
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