State v. Kite
Supreme Court of Missouri
Appeal from Greene Circuit Court.—Hon. W. E. Geiger, Judge. It was not necessary that the indictment state how the defendants became county court judges, nor that they had authority to grant dramshop license. 2 Chitty Grim. Law, top pp. 181,254,255; 2 Wharton Prec. Ind. and Pleas, forms 994, 905, 906. It was only necessary to charge that the act was unlawfully done.
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Appeal from Greene Circuit Court.—Hon. W. E. Geiger, Judge. It was not necessary that the indictment state how the defendants became county court judges, nor that they had authority to grant dramshop license. 2 Chitty Grim. Law, top pp. 181,254,255; 2 Wharton Prec. Ind. and Pleas, forms 994, 905, 906. It was only necessary to charge that the act was unlawfully done. The statute makes the particular act for which the defendants were indicted a misdemeanor, and it was not necessary to charge that it was done willfully and corruptly. This indictment is wholly insufficient in law, and does not…
1Opinion of the Court
Philips, C.
The respondents were indicted at the November term, 1880, of the circuit court of Greene county, for unlawfully granting a dramshop license to one Henry Scholten. The indictment, omitting the formal part, is as follows :
“ That Benjamin Kite, R. D. Dillard and Charles Likens, late of the county and state aforesaid, on the 26th day of October, 1880, the same being after the 4th day of July, 1876, at the county of Greene and State of Missouri, did then and there unlawfully grant a dramshop license to one Henry Scholten to keep a dramshop in the municipal township of Boone, the same…
2Cases cited2 opinions
- State v. NewkirkSupreme Court of Missouri · 1871
- State v. PingerSupreme Court of Missouri · 1874
3Cited by4 opinions
- State v. BoydSupreme Court of Missouri · 1906
- Missouri v. RagsdaleMissouri Court of Appeals · 1894
- State v. FlynnMissouri Court of Appeals · 1906
- State v. YoungMissouri Court of Appeals · 1974