State v. Melton
Supreme Court of Missouri
Appeal from Barry Circuit Court. Melton was indicted under the fourth section of the “Act to prevent the adulteration of spirituous liquors,” approved March 28, 1861 — Laws 1860-1, p. 92. The'indictment charged that he, at the county of Barry, did unlawfully offer to sell, and did sell, spirituous and alcoholic liquors, without first appearing before the county court clerk of said Barry county, and taking and subscribing an oath not to mix or adulterate with any substance…
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Appeal from Barry Circuit Court. Melton was indicted under the fourth section of the “Act to prevent the adulteration of spirituous liquors,” approved March 28, 1861 — Laws 1860-1, p. 92. The'indictment charged that he, at the county of Barry, did unlawfully offer to sell, and did sell, spirituous and alcoholic liquors, without first appearing before the county court clerk of said Barry county, and taking and subscribing an oath not to mix or adulterate with any substance whatever the liquor offered for sale and sold, and giving bond as required by said section four. After verdict, a motion…
1Opinion of the CourtHolmes, Judge
This was an indictment under the act to prevent the adulteration of spirituous liquors — Laws 1860-1, p. 93, § 4. The defendant’s motion to quash the indictment was overruled. There was a verdict of guilty, and the defendant filed his motion in arrest of judgment for nearly the same reasons, viz., that the indictment did not charge the liquor to have been sold to any person by name, nor to any person to the jurors unknown; that it did not specify the particular kind of liquor sold ; that it was contradictory and repugnant on its face; that the court erred in overruling the motion to quash. In…
2Cited by5 opinions
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