Legal Opinion

State v. Field

Missouri Court of Appeals

Decided May 25, 1909PublishedCited by 1 opinion

Appeal from the Clark Circuit Court. — No». Chas. J. Stewart, Judge. Error No. 1 and Error No. 2 can be considered together, to-wit: the overruling the motion to squash and the motion to compel the State to elect as the authorities and our argument will be directed to both. There are five distinct, separate, inconsistent offenses grouped together in the information. 1st. That defendant sold intoxicating liquors; 2nd. That he gave away intoxicating liquor; 3rd.

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Appeal from the Clark Circuit Court. — No». Chas. J. Stewart, Judge. Error No. 1 and Error No. 2 can be considered together, to-wit: the overruling the motion to squash and the motion to compel the State to elect as the authorities and our argument will be directed to both. There are five distinct, separate, inconsistent offenses grouped together in the information. 1st. That defendant sold intoxicating liquors; 2nd. That he gave away intoxicating liquor; 3rd. That he furnished intoxicating liquor; 4th. That he delivered intoxicating liquor; 5th. That he otherwise disposed of intoxicating…

1Opinion of the Court

GOODE, J. —

The information charged this defendant with unlawfully selling, giving away, furnishing, delivering and otherwise disposing of intoxicating liquor, to-wit, one quart of beer, to Audie Marsh, a minor under the age of twenty-one years, without the written permission of the parent, master or guardian of said minor first had and obtained. This information was filed on the statute which says any person who shall directly or indirectly sell, give away or otherwise dispose of or furnish, or deliver any intoxicating liquor, in any quantity, to a minor without the written permission of the…

2Cases cited5 opinions

  1. State v. FancherSupreme Court of Missouri · 1880
  2. State v. FlintSupreme Court of Missouri · 1876
  3. State v. PittmanSupreme Court of Missouri · 1882
  4. State v. BruderMissouri Court of Appeals · 1889
  5. Pittman v. BassSupreme Court of Missouri · 1860

3Cited by1 opinion

  1. Mitchell v. QuinnMissouri Court of Appeals · 1976

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