State v. Haden
Supreme Court of Missouri
APPEAL from Greene Circuit Court. The only question in this case, is as to the sufficiency of the indictment The charge is for selling one quart of whisky and suffering the same tó be drank at the place of sale, without a grocer’s, dram-shop, or inn-keeper’s license. It was not necessary to negative a merchant’s license in terms; it was substantially done by charging that the liquor was drank at the place of sale.
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APPEAL from Greene Circuit Court. The only question in this case, is as to the sufficiency of the indictment The charge is for selling one quart of whisky and suffering the same tó be drank at the place of sale, without a grocer’s, dram-shop, or inn-keeper’s license. It was not necessary to negative a merchant’s license in terms; it was substantially done by charging that the liquor was drank at the place of sale. A merchant has no right to sell a quart of whisky and suffer it to he drank at the place of sale: R. S. 1845, p. 740, sec. 17. To charge the selling of a quart of whisky, and…
1Opinion of the CourtRyland, J.
The defendant, Joseph D. Haden, was indicted for selling a quart of whisky and suffering it to be drank at the place of sale without license.
He appeared to the indictment and moved the court to quash it. The court sustained his motion; quashed the indictment, to which ruling of the court the State excepted and tendered her bill of exceptions and brings the case to this court by appeal.
In looking into the indictment, I find that the defendant is charged with selling one “quart of whisky to John A. Gibson of the value of twenty cents, and suffered the same to he drank at the place of sale,…
2Cited by3 opinions
- Capitol Distributing Co. v. StateCourt of Appeals of Georgia · 1951
- State v. RenkardMissouri Court of Appeals · 1910
- Capitol Distributing Co. v. StateCourt of Appeals of Georgia · 1951