Legal Opinion

State v. Sebastian

Missouri Court of Appeals

Decided May 6, 1912Published

Appeal from Greene Circuit Court. — Hon. John T. Moore, Special Judge. (1) The indictment is based upon section 7221, Revised Statutes 1909. The defendant is charged as a winegrower and a failure to prove him to he such is a fatal conviction. State v. Gary, 124 Mo. App. 175; State v. Douglas, 48 Mo. App. 39; State v. Kurtz, 64 Mo. App. 123; State v. Green, 26 Mo. App. 626; State v. Barnett, 111 Mo. App. 692. The case of State v. Gary, 124 Mo.

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Appeal from Greene Circuit Court. — Hon. John T. Moore, Special Judge. (1) The indictment is based upon section 7221, Revised Statutes 1909. The defendant is charged as a winegrower and a failure to prove him to he such is a fatal conviction. State v. Gary, 124 Mo. App. 175; State v. Douglas, 48 Mo. App. 39; State v. Kurtz, 64 Mo. App. 123; State v. Green, 26 Mo. App. 626; State v. Barnett, 111 Mo. App. 692. The case of State v. Gary, 124 Mo. App. 175, is on “all fours” with the case at bar and tbe court cannot affirm tbe judgment of the trial court without disregarding the law as declared in…

1Opinion of the CourtNixon, P. J.

Appellant was tried and convicted on an indictment charging that defendant on the-day of October, 1910, at the county of Greene and state of Missouri, “then and there being a winegrower, did then and there unlawfully, directly and indirectly sell, give away, furnish and deliver and otherwise dispose of certain intoxicating wine, to-wit: To one Dutch Mumford, a minor, then and there - on the premises of the said Huffnagle Sebastian, and the said wine being his own production, of the said Huffnagle Sebastian, without the written permission of the parent, master or guardian of the said Dutch…

2Cases cited4 opinions

  1. State v. QuinnMissouri Court of Appeals · 1902
  2. State v. QuinnSupreme Court of Missouri · 1902
  3. Jones v. HabbermanMissouri Court of Appeals · 1902
  4. State v. GaryMissouri Court of Appeals · 1907

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