State v. Bockstruck
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. This prosecution is based on an act of the legislature approved April 22, 1895, and found in the laws of Missouri of that year, pages 26 et seq., which act will be presently quoted.
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Appeal from St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. This prosecution is based on an act of the legislature approved April 22, 1895, and found in the laws of Missouri of that year, pages 26 et seq., which act will be presently quoted. The amended information on which defendant was prosecuted, is the following: It charged that he, “on the thirty-first day of July, 1895, did unlawfully sell, keep for sale and offer for sale a certain imitation of butter, to wit, a substance which was then and there composed of animal fat, vegetable oil and other substances compounded…
1Opinion of the Court
Shekwoob, J.'
1. The evidence already detailed was sufficient to authorize a conviction of defendant under the charge contained in the information; and the fact that the sale in question was made by a young clerk of defendant’s, made out against defendant a prima facie case, inasmuch as the sale occurred in defendant’s store, in apparently the ordinary course of business. State v. McCance, 110 Mo. 398. If the sale was made against the order of the owner, this was matter of defense. Ibid.; State v. Baker, 71 Mo. 475.
2. Nor is the conclusion just announced as to the sufficiency of the evidence…
2Cases cited21 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- United States v. CookSupreme Court of the United States · 1872
- The People v. . MarxNew York Court of Appeals · 1885
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- People v. . ArensbergNew York Court of Appeals · 1887
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3Cited by68 opinions
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
- Labor's Educational & Political Club-Independent v. DanforthSupreme Court of Missouri · 1978
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- State v. SnyderSupreme Court of Missouri · 1904
- State v. MucieSupreme Court of Missouri · 1970
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