State v. Ohmer
Missouri Court of Appeals
Appeal from the Hannibal Court, of Common Pleas. Hon. Thomas H. Bacon, Judge. Instruction number 2 given by the court to the jury on behalf of respondent was not the correct declaration of the law under the sections of the statute, upon which this prosecution was based. It took from the jury the right to find from the testimony, whether or not the goods sold by the respondent were articles of provisions, drugs or medicines, or other articles of immediate necessity.
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Appeal from the Hannibal Court, of Common Pleas. Hon. Thomas H. Bacon, Judge. Instruction number 2 given by the court to the jury on behalf of respondent was not the correct declaration of the law under the sections of the statute, upon which this prosecution was based. It took from the jury the right to find from the testimony, whether or not the goods sold by the respondent were articles of provisions, drugs or medicines, or other articles of immediate necessity. R. S., secs. 1581 and 1582; Instruction number 2 as given by the court on behalf of respondent and instruction number 2 as given…
1Opinion of the CourtBiggs, J.
Defendant was proceeded against by information, in the Hannibal court of common pleas! The information was signed by the prosecuting attorney of the county, sworn to by a witness, and filed with the clerk of said court in vacation, on the twenty-second day of September, 1887. Defendant in the information was charged with having unlawfully and wrongfully exposed for sale goods, wares and merchandise, to-wit, cigars, in said city of Hannibal, on Sunday the eighteenth day of *120September, 1887. ' There was a trial by jury, which resulted in the conviction of defendant.
Defendant was the proprietor…
2Cases cited3 opinions
- Dawson v. DawsonMissouri Court of Appeals · 1886
- Mueller v. StateIndiana Supreme Court · 1881
- State v. JumpSupreme Court of Missouri · 1886
3Cited by11 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- ABC Liquidators, Inc. v. Kansas CitySupreme Court of Missouri · 1959
- Beech-Nut Packing Co. v. P. Lorillard CoCourt of Appeals for the Third Circuit · 1925
- Liggett & Myers Tobacco Co. v. CannonTennessee Supreme Court · 1915
- State v. MaloneMissouri Court of Appeals · 1946
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