State v. Turner
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. F. G. Johnston, Judge. Under tbe State’s evidence it was clearly tbe duty of tbe court to sustain tbe demurrer to tbe State’s evidence.
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Appeal from Barry Circuit Court. — Hon. F. G. Johnston, Judge. Under tbe State’s evidence it was clearly tbe duty of tbe court to sustain tbe demurrer to tbe State’s evidence. Section 2991, Revised Statutes 1899, authorizes the sale of intoxicating liquors in quantities of three gallons and this being the section of the statute upon which this prosecution is bottomed and the State having proven a sale of three gallons, it was clearly the duty of the court to sustain the demurrer there being not sufficient evidence to warrant a conviction. State v. Meagher, 114 Mo. App. 266. As between the…
1Opinion of the CourtGoode, J.
This defendant was convicted of selling a half gallon of whiskey without having a license as a dramshop keeper. The defense was that he was a distiller of whiskey and sold not a half gallon, but three gallons at the distillery where it was made, and, therefore, was within the protection of section 3014 of the Revised Statutes of 1899, allowing intoxicating liquors to be sold in quantities of not less than one gallon at the place where made. [See State v. Hurd, 64 Mo. App. 334.] But one witness was introduced; the man who purchased the whiskey. He testified he went to defendant’s distillery…
2Cases cited2 opinions
- Wright v. RichmondMissouri Court of Appeals · 1886
- State v. HeardMissouri Court of Appeals · 1896
3Cited by2 opinions
- State v. FieldsSupreme Court of Missouri · 1958
- Landers v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908