State v. Scott
Missouri Court of Appeals
Appeal from Mercer Circuit Court, Hon. C. M. Wright, Special Judge. The case is sufficiently stated in the opinion of the court. I. The offence is charged to have been committed on September 20, 1883. The defendant demurred to the indictment upon the ground that it charged no offence. The demurrer was sustained and the slate appealed. II. The statute charged to have been violated is 5476, Revised Statutes.
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Appeal from Mercer Circuit Court, Hon. C. M. Wright, Special Judge. The case is sufficiently stated in the opinion of the court. I. The offence is charged to have been committed on September 20, 1883. The defendant demurred to the indictment upon the ground that it charged no offence. The demurrer was sustained and the slate appealed. II. The statute charged to have been violated is 5476, Revised Statutes. It is claimed that this was repealed by the act of 1881 (Laws 1881, p. 130). There is no provision in that act in conflict with this section, and if repealed it is repealed by implication.…
1Opinion of the CourtEllison, J.
The respondent was indicted for issuing fraudulent prescriptions, under section 5476, chapter 100, Revised Statutes, following acts of May 19, 1879. At the trial term the indictment was quashed on motion of respondent, for not charging an offence, and the state appealed.
Chapter 100, Revised Statutes, pages 1075-6, being the act of May 19, 1879 (Laws 1879, page 165), was repealed by act of March 26, 1881 (Laws 1881, page 130). State v. Roller, 77 Mo. 120. The act of March 29, 1883, (Laws 1883, page 89), did not re-enact section 5476, Revised Statutes, therefore, at the time charged in the…
2Cases cited1 opinion
- State v. RollerSupreme Court of Missouri · 1882
3Cited by1 opinion
- State v. GreeneMissouri Court of Appeals · 1887