State v. Merget
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. Jos. J. Williams, Judge. (1) The judgment- should he reversed and the indictment held insufficient for the reason that it did not inform appellant of the place where the liquor was sold nor to whom sold. State v. Martin, 108 Mo. 117; Sherwood’s Com. on Crim. Law, pages 613-619. (2) Whatever is to be proved must be alleged. 1 Bishop Crim. Prac., secs. 81, 86, 88, 519, 566; Sherwood’s Com. on Crim.
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Appeal from Jefferson Circuit Court. — Hon. Jos. J. Williams, Judge. (1) The judgment- should he reversed and the indictment held insufficient for the reason that it did not inform appellant of the place where the liquor was sold nor to whom sold. State v. Martin, 108 Mo. 117; Sherwood’s Com. on Crim. Law, pages 613-619. (2) Whatever is to be proved must be alleged. 1 Bishop Crim. Prac., secs. 81, 86, 88, 519, 566; Sherwood’s Com. on Crim. Law, 616; State v. Bankhead, 15 Mo. 558; State v. Hogan, 31 Mo. 310.
1Opinion of the CourtBland, P. J.
At the January, 1906, term of the Jefferson Circuit Court, the grand jury presented the following indictment against defendant (omitting caption and signatures) :
“The grand jurors of the State of Missouri within and for the body of the county of Jefferson now here in court duly empanelled, sworn and charged, upon their oath present that John Merget, at the County of Jefferson, in the State of Missouri, on the thirteenth day of January, 1907, said day being the first day of the week, commonly called Sunday, he the said John Merget being then and there a dramshop keeper and having a license to…
2Cases cited12 opinions
- State v. JaquesSupreme Court of Missouri · 1878
- State v. SpainSupreme Court of Missouri · 1860
- State v. MartinSupreme Court of Missouri · 1891
- State v. MeagherMissouri Court of Appeals · 1892
- State v. BraunSupreme Court of Missouri · 1884
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3Cited by1 opinion
- State v. MaurerSupreme Court of Missouri · 1914