Legal Opinion

State v. Wright

Missouri Court of Appeals

Decided January 25, 1886PublishedCited by 2 opinions

Appeal from St. Clair Circuit Court, Hon. C. Gr. Bukton, Judge. Statement of case by the court. The defendant was indicted for selling, as a druggist, intoxicating liquor in less quantity than one gallon, and not upon a written prescription, etc.

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Appeal from St. Clair Circuit Court, Hon. C. Gr. Bukton, Judge. Statement of case by the court. The defendant was indicted for selling, as a druggist, intoxicating liquor in less quantity than one gallon, and not upon a written prescription, etc. The case was submitted to the court sitting as a jury upon the following agreed statement of facts: “ That the defendant on the thirtieth day of August, 1883, at the county of St. Clair, State of Missouri, sold a bottle of about one pint of Empire Tonic Bitters, manufactured by Donnell Manufacturing Company, St. Louis, Missouri. That said bitters was…

1Opinion of the CourtHall, J.

The question in this case is, whether in *415August, 1883, under the statute law of this state as then existing, the defendant could, ás a licensed druggist, sell the “bitters” in the quantity in proof for medicinal purposes without a physician’s prescription or the license of a dramshop keeper. The affirmative side of 'this question is contended for by defendant. The “bitters” in proof were, in the meaning of the dramshop act, intoxicating liquor. Sect. 5461, Rev. Stat.; State v. Lillard, 78 Mo. 136.

Under the act of the legislature in 1879, relating to the sale of intoxicating liquors by…

2Cases cited2 opinions

  1. State v. RollerSupreme Court of Missouri · 1882
  2. State v. LillardSupreme Court of Missouri · 1883

3Cited by2 opinions

  1. State v. MooreSupreme Court of Missouri · 1891
  2. State v. HughesMissouri Court of Appeals · 1889

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