Legal Opinion

State v. Hume

Missouri Court of Appeals

Decided January 24, 1910PublishedCited by 2 opinions

Appeal from Boone Circuit Court. — Eon. Nick M. Bradley, Special Judge. The information in this case is fatally defective in, that it fails by the nse of the language of the statute or otherwise to charge any offense. State v. Umphrey, 40 Mo. App. 827. (1) The information is in the exact language of the statute and this court has repeatedly held that in charging an offense of this kind, that is sufficient. State v. Fare, 89 Mo. App. 110; State v. Parker, 39 M'o.

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1Opinion of the CourtEllison, J.

This prosecution was begun by an information charging defendant, a physician, with unlawfully issuing a prescription for intoxicating liquors, in violation of section 3050, Revised Statutes 1899. The defendant was convicted.

The conviction was not warranted. No offense was charged in the information. The innocence of the defendant should have been negatived. The charge is so framed that while it charges the intoxicating liquor was to be used as a beverage and not a medicine by the man who obtained the prescription, it does not connect defendant with a knowledge of that fact, or with a purpose…

Also in this document: Per curiam.

2Cases cited5 opinions

State v. McAdooSupreme Court of Missouri · 1883
State v. UmphreyMissouri Court of Appeals · 1890
State v. AnthonyMissouri Court of Appeals · 1893
State v. DavisMissouri Court of Appeals · 1907
State v. MitchellSupreme Court of Missouri · 1859

3Cited by2 opinions

State v. PomeroyMissouri Court of Appeals · 1912
State v. BatesMissouri Court of Appeals · 1914