State v. Kaufman
Missouri Court of Appeals
Appeal from the Bates Circuit Court.— Hon. D. A. DeArmond, Judge. - (1) On the insufficiency of notice we cite: In re Wooldrige, 30 Mo. App. 619; State ex rel. v. Tucker, 32 Mo. App. 620; Bean v. County Court, 33 Mo. App. 635. (2) As to the saving of the point: It is the province of the court to determine upon the legal effect and sufficiency of testimony and to judge of the competency of evidence. This is raised by demurrer to the evidence.
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Appeal from the Bates Circuit Court.— Hon. D. A. DeArmond, Judge. - (1) On the insufficiency of notice we cite: In re Wooldrige, 30 Mo. App. 619; State ex rel. v. Tucker, 32 Mo. App. 620; Bean v. County Court, 33 Mo. App. 635. (2) As to the saving of the point: It is the province of the court to determine upon the legal effect and sufficiency of testimony and to judge of the competency of evidence. This is raised by demurrer to the evidence. Harris v. Woody, 9 Mo. 113 ; Callahan v. Warne, 40 Mo. 131; 2 Thompson on Trials, secs. 2242, 2243, 2244, 2267, 2268; Clark's Adm'x v. Railroad, 46 Mo.…
1Opinion of the CourtGill, J.
— Defendant Kaufman was in May, 1889, proprietor of a drug store at Papinville, Bates county, and was indicted, tried and convicted of selling intoxicating liquors to one John Wehnes, contrary to the provisions of the local-option law, alleged to have been adopted in said county. The defendant appealed.
I. A double defense was interposed in the court below, and again pressed here. First, that, being a druggist and pharmacist, defendant sought to show in the circuit court that he sold the whiskey to said Wehnes on a written prescription from a regularly registered and practicing physician, as…
2Cases cited7 opinions
- Ex parte SwannSupreme Court of Missouri · 1888
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Bean v. County CourtMissouri Court of Appeals · 1889
- Bartlett v. O'DonoghueSupreme Court of Missouri · 1880
- In re WooldridgeMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- State Ex Rel. City of Berkeley v. HolmesSupreme Court of Missouri · 1949
- Guernsey v. McHaleyOregon Supreme Court · 1908
- State Ex Rel. Chaney v. GrinsteadSupreme Court of Missouri · 1926
- State v. BrownMissouri Court of Appeals · 1908
8 more not listed; retrieve them via the Exa API.