State v. Morgan
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Ho». Gallatin Craig, Judge. (1) The court erred in not granting Mm a new-trial, because tbe affidavit filed with the motion for a new trial shows that the Dr. Johnson, who wrote the prescription, offered in evidence for the purpose of showing that the sale of whiskey made to Jack Brinegar,: for which defendant was convicted, was a regularly registered practicing physician. Laws of 1874, p. Ill, see. 3; 37 Mo.
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Appeal from Holt Circuit Court. — Ho». Gallatin Craig, Judge. (1) The court erred in not granting Mm a new-trial, because tbe affidavit filed with the motion for a new trial shows that the Dr. Johnson, who wrote the prescription, offered in evidence for the purpose of showing that the sale of whiskey made to Jack Brinegar,: for which defendant was convicted, was a regularly registered practicing physician. Laws of 1874, p. Ill, see. 3; 37 Mo. App. 576. (2) The defendant thinks the State’s position is not the law, because every act subsequent to the Act of March 27,1874, excepted those who had…
1Opinion of the CourtEllison, J.
The defendant was indicted (as a druggist) for selling liquor in less quantities than four g’allons without having a prescription from a regularly registered and practicing physician. It was shown at the trial that the sale was made December 19, 1901, on the presentation of a prescription from Dr. Johnson. It was shown that Dr. Johnson had been a practicing physician for thirty-five years. But it was not shown that he was a registered physician, and on that account the trial court excluded the prescription and defendant was convicted. Defendant then sought a new trial on the ground of…
2Cases cited1 opinion
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
3Cited by2 opinions
- State v. CarsonSupreme Court of Missouri · 1910
- Blake v. Royal InsuranceMissouri Court of Appeals · 1908