State v. Watts
Missouri Court of Appeals
Appeal from G-reene Criminal Court. — lion. J. J. Gideon, Judge. (1) The indictment charges a sale of spirituons liquor, and then attempts to set ont the kind of spirituous liquor sold by alleging one pint of beer, which being inconsistent with and repugnant to the former averment of the offense charged, should be stricken out.
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Appeal from G-reene Criminal Court. — lion. J. J. Gideon, Judge. (1) The indictment charges a sale of spirituons liquor, and then attempts to set ont the kind of spirituous liquor sold by alleging one pint of beer, which being inconsistent with and repugnant to the former averment of the offense charged, should be stricken out. State v. Flint, 62 Mo. 393. (2) The court erred in overruling the demurrer to the evidence, a,s courts take judicial notice of the fact that beer is a malt liquor. State v. Effenger, 44 Mo. App. 81.
1Opinion of the CourtBland, P. J.
The indictment (omitting caption) is as follows:
“The grand jurors of the State of Missouri, impaneled, sworn and charged to inquire within and for the body of Greene county, upon their oath present and charge that D. S. Watts, late of the county and State aforesaid, on the twenty-eighth of November, 1901, at the county of G-reene and State of Missouri, being then and there a druggist and the proprietor of a drugstore in the town of Ash G-rove, in said county and State, did then and there unlawfully sell certain spirituous liquors, to-wit, one pint of beer, to one George Likens, without first…
2Cases cited2 opinions
- State v. HoutsMissouri Court of Appeals · 1889
- State v. EffingerMissouri Court of Appeals · 1891
3Cited by5 opinions
- Aba Distributors, Inc., Cross-Appellant v. Adolph Coors Company, Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1981
- ABA Distributors, Inc. v. Adolph Coors Co.District Court, W.D. Missouri · 1982
- State v. MaloneMissouri Court of Appeals · 1946
- Hill v. StateCourt of Appeals of Maryland · 1938
- Aba Distributors, Inc., Cross-Appellant v. Adolph Coors Company, Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1981