State v. Nicolay

Under an indictment charging defendant as a physician with issuing a certain prescription for intoxicating liquor in violation of section 5784, Revised Statutes 1909, defendant was tried in the Polk Circuit Court, found guilty, and his punishment assessed at a fine of fifty dollars.' Thereafter an appeal was duly taken by the defendant to the Springfield Court of Appeals and that court wrote an opinion affirming the judgment of the trial court, State v. Nicolay, 184 S. W. 1183. The Springfield Court of Appeals deemed its opinion to be in conflict with the decision of the St. Louis Court of…