State v. Bailey
Missouri Court of Appeals
Appeal from the Laivrence Circuit Court. — Hon. J. C. Lamson, Judge. The instruction asked for by appellant should have been given as it was warranted by the testimony, and clearly stated the law. State v. Laramore, 19 Mo. 392; Same v. Same, 20 Id. 425; 'State v. Young, 36 Mo. App. 517. It was necessary to establish that the amount of liquor sold was less than four gallons, which the evidence failed to show.
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Appeal from the Laivrence Circuit Court. — Hon. J. C. Lamson, Judge. The instruction asked for by appellant should have been given as it was warranted by the testimony, and clearly stated the law. State v. Laramore, 19 Mo. 392; Same v. Same, 20 Id. 425; 'State v. Young, 36 Mo. App. 517. It was necessary to establish that the amount of liquor sold was less than four gallons, which the evidence failed to show. State v. Anderson, 81 Mo. 78. The court erred in failing to sustain defendant’s motion for new trial. A demurrer to the evidence would have been sustained. State v. Anderson, supra. In…
1Opinion of the CourtBland, P. J.
Defendant was indicted in the Lawrence circuit court of a violation of section 4621, Revised Statutes 1889, concerning druggists. The charge was that he was a registered pharmacist, druggist and proprietor of a drug store, and as such on February 6,1896, sold to one J ames H. Robinson intoxicating liquor in less than four gallons, to wit, one half pint of blackberry wine, without a written prescription, etc. A trial was had by the court without the intervention of a jury, resulting in a judgment of conviction, from which after unsuccessful motions for new trial and in arrest, the defendant…
2Cases cited6 opinions
- Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
- State v. CarnahanMissouri Court of Appeals · 1895
- State v. LarrimoreSupreme Court of Missouri · 1855
- State v. AndersonSupreme Court of Missouri · 1883
- State v. LarrimoreSupreme Court of Missouri · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. RyanMissouri Court of Appeals · 1925