State v. Baker
Supreme Court of Missouri
Error to Knox Circuit Court. Indictment for selling spirituous liquors in less quantities than one quart without a license. The defendant admitted the sale, and then produced in evidence a receipt of the county collector for the ad valorem tax upon his stock of groceries for six months, covering the time when the offence charged in the indictment was alleged to have been committed.
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Error to Knox Circuit Court. Indictment for selling spirituous liquors in less quantities than one quart without a license. The defendant admitted the sale, and then produced in evidence a receipt of the county collector for the ad valorem tax upon his stock of groceries for six months, covering the time when the offence charged in the indictment was alleged to have been committed. The court below instructed the jury that the payment of the ad valorem tax authorized the defendant to sell in the usual course of his business, in less quantities than one quart, without a license. There was a…
1Opinion of the CourtRyland, Judge
The defendant was indicted for selling spirituous liquors without license ; he appeared and pleaded not guilty. A trial was had, and, under an instruction from the court, the jury found the defendant not guilty.
*684The circuit attorney objected to the instruction, and after verdict, moved to set the same aside, and grant a new trial for the erroneous and illegal instruction. The court overruled the motion, and the State brings the case here by writ of error.
The defendant having been found not guilty by a jury, this must end the matter. The verdict of acquittal is a protection against any further…
2Cases cited1 opinion
- State v. SpearSupreme Court of Missouri · 1840
3Cited by3 opinions
- State v. SnyderSupreme Court of Missouri · 1889
- State v. WisebackSupreme Court of Missouri · 1897
- State v. PeckSupreme Court of Missouri · 1872