State v. Shortell
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. —Hon. Calvin M. Miller, Judge. Cause certified to Supreme Court. (1) The information is a mere copy of a statute which does not individuate the offense, and is insufficient under the following authorities: State v. Miner, 233 Mo. 312; State v. Burke, 151 Mo. 142; United States v. Cruickshank, 92 U. S. 542; State v. Meysenhurg, 171 Mo. 25; State v. Krueger, 134 Mo. .262; State v. Watson, 206 Mo. 420; State v. Stowe, 132 Mo.…
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Appeal from St. Louis Court of Criminal Correction. —Hon. Calvin M. Miller, Judge. Cause certified to Supreme Court. (1) The information is a mere copy of a statute which does not individuate the offense, and is insufficient under the following authorities: State v. Miner, 233 Mo. 312; State v. Burke, 151 Mo. 142; United States v. Cruickshank, 92 U. S. 542; State v. Meysenhurg, 171 Mo. 25; State v. Krueger, 134 Mo. .262; State v. Watson, 206 Mo. 420; State v. Stowe, 132 Mo. 190; State v. Fraker, 148 Mo. 143; State v. Barbee, 136 Mo. 440; State v. Pickett, 174 Mo. 668; State v. Cameron, 216…
1Opinion of the CourtAllen, J.
The defendant was convicted of selling a substance designed to be used as a substitute for butter, under the name of and under the pretense that the same was butter. His punishment was assessed at the fine of fifty dollars. After unsuccessful motions for a new trial and in arrest, he brings the case here by appeal.
The prosecution is based upon section 657, Revised Statutes 1909, which is as follows:
“Offering imitation butter for sale. — No person, by himself or another, shall sell or offer for sale any substance designed to be used for a substitute for butter under the name of or under the…
Also in this document: Concurrence.
2Cases cited15 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. AddingtonSupreme Court of Missouri · 1882
- State v. AddingtonMissouri Court of Appeals · 1882
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
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3Cited by1 opinion
- State v. MuchnickMissouri Court of Appeals · 1960