State v. Ryan
Missouri Court of Appeals
Appeal from Platte Circuit Court, Hon. James M. Sandusky, Judge. The case is stated in the opinion. I. The indictment was drawn under the merchants’ act; it charged a sale of less than five gallons, but failed to charge that defendant was a merchant, an essential ingredient of the offence. Sess. Acts of 1887, p. 217; State v. Fanning, 38 Mo. 409 ; Bishop Statutory. Crimes, sec. 1034. II.
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Appeal from Platte Circuit Court, Hon. James M. Sandusky, Judge. The case is stated in the opinion. I. The indictment was drawn under the merchants’ act; it charged a sale of less than five gallons, but failed to charge that defendant was a merchant, an essential ingredient of the offence. Sess. Acts of 1887, p. 217; State v. Fanning, 38 Mo. 409 ; Bishop Statutory. Crimes, sec. 1034. II. The indictment was not good under the dram-shop law, as it failed to charge a sale of less than one gallon. State v. Runyan, 26 Mo. 167.' III. It was error, after the first sale was proved, to permit other…
1Opinion of the CourtPhilips, P. J.
The defendant was indicted and convicted for selling intoxicating liquor without a license. The indictment charges, that on the thirtieth day of June, 1887, the defendant unlawfully sold to a person *161unknown “intoxicatingliquor, in certain quantities less than five gallons, to-wit, one pint of whiskey for five cents, one pint of brandy for five cents, one pint of wine for five cents, one pint of beer for five cents, etc., without taking out a license as a dram-shop keeper, without being a dealer in drugs and medicines, and without having any license or legal authority to authorize bim so to…
2Cases cited7 opinions
- State v. BrownSupreme Court of Missouri · 1877
- State v. CoxSupreme Court of Missouri · 1860
- State v. FanningSupreme Court of Missouri · 1866
- State v. WishonSupreme Court of Missouri · 1852
- State v. RunyanSupreme Court of Missouri · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. GibsonMissouri Court of Appeals · 1895
- State v. AlexanderMissouri Court of Appeals · 1898
- State v. ClinkenbeardMissouri Court of Appeals · 1909
- State v. GibbsMissouri Court of Appeals · 1908
- Town of Knox City v. WhiteakerMissouri Court of Appeals · 1901
4 more not listed; retrieve them via the Exa API.