State v. Totman
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court.— Hon. W. 8. Herndon, Judge. The defendant was not guilty of a violation of the dram-shop law.
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Appeal from the DeKalb Circuit Court.— Hon. W. 8. Herndon, Judge. The defendant was not guilty of a violation of the dram-shop law. The proof shows, if it shows anything, that the defendant was the proprietor of the drug store, and that he had in his employ a pharmacist He was not1 indicted under section 4621 of the Revised Statutes of 1889, which provides, no ■druggist, proprietor of a drug store, or pharmacist, shall sell or give away intoxicating liquors in any quantity Iras than four gallons, unless upon a prescription of a physician. The defendant had a stock of drugs and was at the date…
1Opinion of the CourtEllison, J.
Defendant was indicted, tried and convicted for selling intoxicating liquor in less quantities than three gallons without having a -license as a dramshop keeper or other legal authority so to do.
As we gather from the record, defendant endeavored to show that he was a druggist operating under a merchant’s ■ license, the effect of which would have been that he was not indicted properly; since he should in that case have been proceeded against under the Druggists and Pharmacists law. State v. Piper, 41 Mo. App. 160; State v. Rafter, 62 Mo. App. 101; State v. Davis, 76 Mo. App. 586; State v.…
2Cases cited4 opinions
- State v. PiperMissouri Court of Appeals · 1890
- State v. RafterMissouri Court of Appeals · 1895
- State v. WilliamsMissouri Court of Appeals · 1897
- State v. DavisMissouri Court of Appeals · 1898