State v. Campbell
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) The State must prove that the defendant consented to the sale; mere knowledge of the sale is not sufficient; nor is the failure to “exercise reasonable care” a crime under the dramshop law. State v. Crawford, 151 Mo. App. 402; State v. McAdoo, 80 Mo. 216; State v. Baker, 71 Mo. 475; State v. Eeiley, 75 Mo. 521; State v. Morgan, 134 Mo. App. 726; State v. Durkem, 23 Mo.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) The State must prove that the defendant consented to the sale; mere knowledge of the sale is not sufficient; nor is the failure to “exercise reasonable care” a crime under the dramshop law. State v. Crawford, 151 Mo. App. 402; State v. McAdoo, 80 Mo. 216; State v. Baker, 71 Mo. 475; State v. Eeiley, 75 Mo. 521; State v. Morgan, 134 Mo. App. 726; State v. Durkem, 23 Mo. App. 387; State v. Stamper, 141 S. W. 432. (2) The defendant is liable only for the acts of his clerk or agent. State v. Pollard, 155 Mo. App.…
1Opinion of the CourtAllen, J.
The defendant, a licensed dramshop keeper, was convicted of unlawfully suffering intoxi*610eating liquor to be sold upon his dramshop premises on Sunday. His punishment was assessed at a fine of fifty dollars, and he'appeals.
The evidence on behalf of the State tended to show sales of intoxicating liquors upon defendant’s dram-shop premises, in a dining room adjoining defendant’s barroom, one Saturday night shortly after midnight, or in other words early Sunday morning; and there was evidence that defendant was present in person upon this occasion when such sales are said to have been made. On…
2Cases cited4 opinions
- State v. MeagherMissouri Court of Appeals · 1892
- State v. CrawfordMissouri Court of Appeals · 1910
- State v. MorganMissouri Court of Appeals · 1909
- State v. PierceMissouri Court of Appeals · 1905
3Cited by1 opinion
- Texas Power & Light Co. v. DensonTexas Supreme Court · 1935