State v. Barnett
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court . — Hon. Henry G. Riley, Judge. In this case no attempt was made to introduce the license, if any was in existence; hut the State relied solely on secondary evidence, which evidence is not admissible in any case until the primary evidence is shown to he lost, or not within reach of the court. State v. Heckler, 81 Mo. 417; State v. Kurtz, 64 Mo.
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Appeal from Pemiscot Circuit Court . — Hon. Henry G. Riley, Judge. In this case no attempt was made to introduce the license, if any was in existence; hut the State relied solely on secondary evidence, which evidence is not admissible in any case until the primary evidence is shown to he lost, or not within reach of the court. State v. Heckler, 81 Mo. 417; State v. Kurtz, 64 Mo. App. 123; State v. Harmon, 106 Mo. 635, 18 S. W. 128. (1) The information in this case is sufficient. State v. Braum, 83 Mo. 480, and authorities cited. (2) There is no merit in appellant’s contention that the State…
1Opinion of the CourtBland, P. J.
— 1. Defendant was convicted and fined in the Pemiscot Circuit Court for selling intoxicating liquors on the first day of the week, commonly called Sunday, in violation of section 3011, of the Dramshop ■ Act, Revised Statutes 1899. After taking the usual preliminary steps, defendant appealed to this court.
The information charged the defendant with having made the sale as a dramshop keeper. For the reason the term “dramshop keeper” is not preceded by the word “licensed,” it is contended by the appellant that the information does not state facts sufficient to constitute an offense under section…
2Cases cited4 opinions
- State v. LentzSupreme Court of Missouri · 1904
- Williams v. MitchellSupreme Court of Missouri · 1892
- Gentry v. FieldSupreme Court of Missouri · 1898
- State v. ShaferMissouri Court of Appeals · 1899
3Cited by6 opinions
- State v. ShermanMissouri Court of Appeals · 1909
- State v. WalkerMissouri Court of Appeals · 1908
- State v. MulloyMissouri Court of Appeals · 1905
- State v. WalkerSupreme Court of Missouri · 1909
- State v. HallMissouri Court of Appeals · 1911
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