Legal Opinion

State v. Stike

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 1 opinion

Appeal from Scott Circuit Court. — Hon. Henry O. Riley, Judge. (1) The testimony was that the sale was made by the bartender. The defendant and his bartender’s testimony was that the bartender was instructed not to sell to minors and that this instruction was given in good faith with the intention of having said instruction carried out. This testimony was undisputed and constituted a perfect defense in this case.

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Appeal from Scott Circuit Court. — Hon. Henry O. Riley, Judge. (1) The testimony was that the sale was made by the bartender. The defendant and his bartender’s testimony was that the bartender was instructed not to sell to minors and that this instruction was given in good faith with the intention of having said instruction carried out. This testimony was undisputed and constituted a perfect defense in this case. State v. Me Canee, 110 Mo. 398; State v. Webber, 111 Mo. 204; State v. Meadows, 106 Mo. App. 604; State v. Baker, 71 Mo. 475. (2) The principal is not responsible for the…

1Opinion of the CourtGray, J.

The defendant, a dramshop keeper at New Hamburg, in Scott county, was indicted in the circuit court of that county for selling intoxicating liquor to one Sam Bailey, a minor, on the 4th day of April, 1908. On trial before a jury, the defendant was convicted and he has appealed to this court.

*106The testimony for the State shows that the defendant was a dramshop keeper, and that on the day alleged' in the indictment one Sam Bailey, a minor, purchased four or five glasses of beer from defendant’s barkeeper.

The State was permitted, over the objection of the defendant, to prove by one Dell Crawford,…

2Cases cited5 opinions

  1. Chouteau v. AllenSupreme Court of Missouri · 1879
  2. State v. DaubertSupreme Court of Missouri · 1868
  3. State v. AppergerSupreme Court of Missouri · 1883
  4. State v. RobertsMissouri Court of Appeals · 1889
  5. State v. YockeyMissouri Court of Appeals · 1892

3Cited by1 opinion

  1. State v. FenleySupreme Court of Missouri · 1925

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