State v. Schleuter
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. James E. Haz ell, Judge. (1) Counsel for appellant contend that this indictment is insufficient, for the reason that it is multifarious and contains different offenses charged in one count. The case of State v. Ambs, 20 Mo. 214, cited by counsel for respondent, was not one based upon the same statute as is the indictment in the case at bar.
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Appeal from Cole Circuit Court. — Hon. James E. Haz ell, Judge. (1) Counsel for appellant contend that this indictment is insufficient, for the reason that it is multifarious and contains different offenses charged in one count. The case of State v. Ambs, 20 Mo. 214, cited by counsel for respondent, was not one based upon the same statute as is the indictment in the case at bar. The act in the case of State v. Ambs, first appeared in E. S. 1825, c. 1, Crimes & Misdemeanors, sec. 92. (2) Although section 3011 makes punishable the doing of one thing and another, specifying a considerable…
1Opinion of the CourtEllison, J.
— The defendant was indicted, tried and convicted for violating section 3011, Eevised Statutes 1899, reading as follows:
“Any person having a license as a dramshop keeper, who shall keep open such dramshop, or shall sell, give away or otherwise dispose of, or suffer the same to be done upon or about his premises, any intoxicating liquors, in any quantity, on the first day of the week, commonly called Sunday, or upon the day of any general election in this State, shall, upon conviction thereof, be punished by a fine not less than fifty *10nor more than two hundred dollars, shall forfeit such…
2Cases cited5 opinions
- State v. AmbsSupreme Court of Missouri · 1854
- State v. FancherSupreme Court of Missouri · 1880
- State v. NationsSupreme Court of Missouri · 1881
- State v. BraySupreme Court of Missouri · 1822
- State v. WoodwardSupreme Court of Vermont · 1853
3Cited by4 opinions
- State v. MergetMissouri Court of Appeals · 1908
- Evans v. Western Union Telegraph Co.Missouri Court of Appeals · 1923
- State v. BurkMissouri Court of Appeals · 1915
- State v. SloanMissouri Court of Appeals · 1921