State v. Roberts
Missouri Court of Appeals
Appeal from the Cedar Circuit Court. — Hon. D. P. Stratton, Judge.' (1) The introduction of oral or other evidence to show how many prescriptions the defendant issued to other parties than the witness, Thomas Perry, on the day charged, or from first to ninth of the same month, is wholly immaterial and irrelevant and if tending to show anything, only the commission of other offenses, in order to establish the one at bar.
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Appeal from the Cedar Circuit Court. — Hon. D. P. Stratton, Judge.' (1) The introduction of oral or other evidence to show how many prescriptions the defendant issued to other parties than the witness, Thomas Perry, on the day charged, or from first to ninth of the same month, is wholly immaterial and irrelevant and if tending to show anything, only the commission of other offenses, in order to establish the one at bar. See text-books and other familiar authors on the subject. (2) The matter of good faith is left with the patient and the physician prescribing for him, and any effort to…
1Opinion of the CourtEllison, J.
Defendant, a physician, was convicted on an indictment under act of March 24, 1887 (Laws 1887, p. 214) for issuing the following prescription, to-wit ;
“Take this to
Jas. L. Mitchell,
Druggist and Pharmacist,
Stockton, Missouri.
For T. B. Perry. 1 Spts Fermentó, O. S. S. Strictly for Medical use.
E. D. Roberts, M. D.
No. 1461. Date 10-11, 1887.”
On trial the state introduced Jas. L. Mitchell, whose, testimony tended to show that “the defendant had issued thirty or thirty-five other prescriptions to other parties about the time of the one to witness, Thomas Perry.” The state then introduced D. White,…
2Cases cited4 opinions
- State v. DaubertSupreme Court of Missouri · 1868
- State v. GoetzSupreme Court of Missouri · 1863
- State v. HarroldSupreme Court of Missouri · 1866
- State v. FierlineSupreme Court of Missouri · 1854
3Cited by2 opinions
- State v. SeigenthalerMissouri Court of Appeals · 1906
- State v. StikeMissouri Court of Appeals · 1910