State v. Cooper
Supreme Court of Missouri
Appeal from JVewton Circuit Court. If the evidence corresponds with the allegations, in respect to those facts and circumstances which, in point of law, are essential to the charge, it is sufficient. 1 Chitty’s Crim. Law, 298. The allegation is the selling one pint of whisky. The circumstance essential to the charge is, the selling of any quantity.
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Appeal from JVewton Circuit Court. If the evidence corresponds with the allegations, in respect to those facts and circumstances which, in point of law, are essential to the charge, it is sufficient. 1 Chitty’s Crim. Law, 298. The allegation is the selling one pint of whisky. The circumstance essential to the charge is, the selling of any quantity. The first section of the act concerning “ Groceries and Dram Shops” prohibits the sale of any quantity of intoxicating liquors without license. If there is no license, the quantity sold is immaterial.
1Opinion of the CourtRyland, Judge
The defendant was indicted for selling spirituous liquor in less quantity than one quart, to-wit: one pint, without license. He was tried and convicted. On the trial, the proof was that he sold a half pint of spirituous liquor to one Mansfield, for the price of ten cents, within the time laid in the indictment.
The defendant moved the court to instruct the jury “ that unless the quantity sold was one pint, they ought to find the defendant not guilty.” The court refused this instruction, the defendant excepted, and brings the case here by appeal.
There was no error in refusing to give the…
2Cited by2 opinions
- State v. AndrewsSupreme Court of Missouri · 1859
- Strozier v. StateSupreme Court of Arkansas · 1917