State v. Runyan
Supreme Court of Missouri
Appeal from Hickory Circuit Court. I. The indictment is good. It is not necessary to aver more specifically the kind of liquor sold. (1 R. C. 1855, p. 688, sections 1, 2, of Dram-shop Act.) The offence consists in selling intoxicating liquor without a license. Under a dram-shop license, it may be sold in any quantity less than ten gallons; under a merchant’s license in quantities not less than one gallon. “ Any kind of license” is negatived in the indictment.
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Appeal from Hickory Circuit Court. I. The indictment is good. It is not necessary to aver more specifically the kind of liquor sold. (1 R. C. 1855, p. 688, sections 1, 2, of Dram-shop Act.) The offence consists in selling intoxicating liquor without a license. Under a dram-shop license, it may be sold in any quantity less than ten gallons; under a merchant’s license in quantities not less than one gallon. “ Any kind of license” is negatived in the indictment. I. The circuit court, did right in sustaining the motion and quashing the indictment. The revised statute of Missouri took effect first…
1Opinion of the CourtNapton, Judge
This indictment charges that the defendant “ did then and there unlawfully sell to one Thomas I. Fisher intoxicating liquor, to-wit, one gallon and one quart, for the price of ten cents, without having any kind of license for that purpose.” The indictment was quashed upon motion in the circuit court, and we think correctly. This indictment was found at the October term, 1856, of the circuit court of Hickory county, and consequently falls under the provisions of the revised statutes of 1855.
There is no averment that defendant was a merchant within the meaning of the first section of the act “…
2Cited by3 opinions
- State v. RyanMissouri Court of Appeals · 1888
- State v. RenkardMissouri Court of Appeals · 1910
- State v. StockMissouri Court of Appeals · 1902