Legal Opinion

Page v. State

Supreme Court of Missouri

Decided September 15, 1839PublishedCited by 6 opinions

1st. The indictment is insufficient, and no lawful judgment can be given upon it. I he circuit court erred in refusing to arrest judgment. 1st. Chitty pi. 187. King vs. T. Mason. 1 D. east 268. Supra 582; 'Hamuel vs. State. 5 Mo. Rep. 260. 2d. To vend clocks manufactured in the state, was not a violation of the law. L. M. 428, sec 1, L. 1838, page 92. 3d. The circuit court erred in refusing a new trial. 4th.

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1st. The indictment is insufficient, and no lawful judgment can be given upon it. I he circuit court erred in refusing to arrest judgment. 1st. Chitty pi. 187. King vs. T. Mason. 1 D. east 268. Supra 582; 'Hamuel vs. State. 5 Mo. Rep. 260. 2d. To vend clocks manufactured in the state, was not a violation of the law. L. M. 428, sec 1, L. 1838, page 92. 3d. The circuit court erred in refusing a new trial. 4th. Upon the fact of the case, the .defendant should have been accquitted. State vs. M. Byrd 1 M. R, 485. I.n the investigation of this case I shall present two questions for the…

1Opinion of the Court

Opinion of the- Court delivered by

Napton Judge.

The grand jury of Crawford county found a bill of indictment, at the November term of 1838, against Charles Page, for vending clocks without license. The first count in the indictment, charged that defendant “did deal and trade in the selling of clocks,.by going from place-to place to sell the same at the county aforesaid, without a special, license-therefor according to law, and contrary to the statute &c.

The second count charged that defendant, “did deal in the selling of clocks,, not being the growth, produce, or the-manufacture of the State…

2Cases cited2 opinions

  1. Hamuel v. StateSupreme Court of Missouri · 1838
  2. State v. AmesSupreme Court of Missouri · 1825

3Cited by6 opinions

  1. State v. LaddSupreme Court of Missouri · 1852
  2. State v. SpainSupreme Court of Missouri · 1860
  3. State v. BrockmanIdaho Supreme Court · 1924
  4. City of Kansas v. CollinsSupreme Court of Kansas · 1885
  5. In re WatsonDistrict Court, D. Vermont · 1882

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