State v. Steel
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) The defendant filed a motion to quash the second and third counts of the indictment, on the ground that the offenses alleged to have been committed were committed, if at all, after the indictment was returned into court. Time is the essence of the offense in cases of this character. State v. Wilson, 39 Mo. App. 184; State v. Batzer, 150 S. W. 1081; State v. Austin, 113 Mo. 538; State v. Manning, 87 Mo.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) The defendant filed a motion to quash the second and third counts of the indictment, on the ground that the offenses alleged to have been committed were committed, if at all, after the indictment was returned into court. Time is the essence of the offense in cases of this character. State v. Wilson, 39 Mo. App. 184; State v. Batzer, 150 S. W. 1081; State v. Austin, 113 Mo. 538; State v. Manning, 87 Mo. App. 78. (2) The court committed error in giving instructions one and two on the part of the State, because said instructions…
1Opinion of the CourtEllison, P. J.
Defendant was indicted in three counts for issuing prescriptions for whiskey to be used for other than medicinal purposes. The third count was abandoned and a conviction had on the first and second.
The first count charged the prescription was issued to J. C. Clark the 28th of September, 1913, while the prescription in evidence was dated the 20th of September, 1913. Defendant insists that the indictment fatally contradicts itself in that it charges a prescription issued on the 28th which was filled on the 20th.
The second count charges a prescription was issued to one C. S. Brown on the 9th of…
2Cases cited2 opinions
- State v. BrotzerSupreme Court of Missouri · 1912
- State v. WilsonMissouri Court of Appeals · 1890