State v. Davis

The defendant was informed against by the prosecuting attorney in the circuit court of Stoddard county under section 3050, R. S. 1899. The offense attempted to be charged in the information is the issuing by a physician or pretended physician, to one Garner, a prescription for intoxicating liquors, one pint of whiskey, to be used otherwise than for medical purposes, as denounced by the statute referred to. The circuit court sustained a motion to quash the information and the State appeals.

*236The information, after formal averments and allegations to the effect that the local option law had been…