State v. Finn
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) It devolved upon the state to prove that defendants did unlawfully sell fermented and malt liquors without having taken and subscribed an oath and given bond, as required by law of all persons before selling or offering to sell such liquors. There was no proof that defendants had failed to take the oath and give the bond required by law.
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Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) It devolved upon the state to prove that defendants did unlawfully sell fermented and malt liquors without having taken and subscribed an oath and given bond, as required by law of all persons before selling or offering to sell such liquors. There was no proof that defendants had failed to take the oath and give the bond required by law. (2) The indictment in this case is bad, and the circuit court should have sustained the motion in arrest of judgment. It was evidently copied from the one approved by Judges Holmes and…
1Opinion
ON MOTION FOE EEHEAEING.
The defendant renews the objection urged in his original argument and brief, that it devolved upon the state to prove that he sold fermented and malt liquors, without having taken and subscribed an oath required by section 1601, Revised Statutes. It is a well-settled rule of criminal pleading that an indictment must negative the provisions and exceptions of the statute creating the offense, and it is equally well settled, that the subject-matter of such negative averment is taken as true, unless disproved by the defendant.
This rule of practice in cases, where persons…
2Cases cited1 opinion
- Plummer v. StateSupreme Court of Missouri · 1840