State v. Yockey
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P„ Stratton, Judge. The indictment is for selling to one Ed. Miller; as to a sale to such a party there is not one iota of evidence, and sales to other parties will not support this indictment. State v. Hay, 36 Mo. 80. But take it for granted the party intended was Ed. Miller, the only evidence in regard to him is this question and answer: “Do you know Ed. Miller? A. I don’t know that I do.”
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Appeal from the Vernon Circuit Court. — Hon. D. P„ Stratton, Judge. The indictment is for selling to one Ed. Miller; as to a sale to such a party there is not one iota of evidence, and sales to other parties will not support this indictment. State v. Hay, 36 Mo. 80. But take it for granted the party intended was Ed. Miller, the only evidence in regard to him is this question and answer: “Do you know Ed. Miller? A. I don’t know that I do.” How a conviction can be supported on such evidence we cannot understand. We are not asking the court to review or weigh the evidence, but to say there was…
1Opinion of the CourtEllison, J.
This proceeding appears from the transcript to be based on an information against the defendant for selling “one glass of beer to one-, a minor under the age of twenty-one years, without the-written permission so to do of the parent, master or guardian of said-first had and obtained, contrary,” etc.
*444The abstract of the record presented by counsel shows the case to be based on an indictment by the grand jury, in which defendant is charged with selling “one glass of beer to one Ed. Miller, a minor under the age of twenty-one years, without the permission so to do of the parents, master or…
2Cited by1 opinion
- State v. StikeMissouri Court of Appeals · 1910