State v. Kroeger

I do not concur in the conclusion reached by my learned brother, Judge BLAIn, in holding that a charge of selling corn whiskey is not sustained by proof of a sale of whiskey.

I. In support of this holding the majority opinion cites State v. Gatlin, 267 S. W. (Mo.) 797, and State v. Stratton, 316 Mo. 241. In the Gatlin case the learned Commissioner urges no reason and cites no authority to sustain his conclusion, but simply declares that the evidence was that the jugs and jars transported contained whiskey and that this was no evidence that they contained corn whiskey, and hence the court erred…