State v. Martin
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas. . Hon. Thomas H. Bacon, Judge. The information is bad, because : First. It is not based on the affidavit of one having knowledge of the commission of the alleged offense, nor is it based on the personal knowledge of the prosecuting attorney. Second. It fails to set out the name of the person to whom the alleged illegal sale of the liquor was made by the defendant as a registered druggist.
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Appeal from the Hannibal Court of Common Pleas. . Hon. Thomas H. Bacon, Judge. The information is bad, because : First. It is not based on the affidavit of one having knowledge of the commission of the alleged offense, nor is it based on the personal knowledge of the prosecuting attorney. Second. It fails to set out the name of the person to whom the alleged illegal sale of the liquor was made by the defendant as a registered druggist. Hence it fails in certainty; no intelligent defense can be made by a druggist to such a charge, and after conviction or acquittal under it, in case of a second…
1Opinion of the CourtBiggs, J.
The defendant was arrested, tried and convicted, upon the following information filed against him in the circuit court of Lincoln county.
“State of Missouri )
T A „T. In the Circuit Court of Lincoln County, Missouri.
v.
'• Thomas B. Martin.
“ Omer H. Avery, prosecuting attorney within and for the county of Lincoln, and state of Missouri, informs the court that Thomas B. Martin, being then and there *47a licensed druggist, and registered pharmacist, on or about the thirtieth day of September, A. D. 1889, at the county of Lincoln and state of Missouri, did then and there unlawfully sell intoxicating…
2Cases cited5 opinions
- State v. JaquesSupreme Court of Missouri · 1878
- State v. SpainSupreme Court of Missouri · 1860
- State v. WilksonMissouri Court of Appeals · 1889
- State v. ElamMissouri Court of Appeals · 1886
- Wing v. CampbellSupreme Court of Missouri · 1851
3Cited by9 opinions
- Fehringer v. PeopleSupreme Court of Colorado · 1915
- State v. CarnahanMissouri Court of Appeals · 1895
- State v. BradfordMissouri Court of Appeals · 1899
- State v. BackMissouri Court of Appeals · 1903
- State v. CassityMissouri Court of Appeals · 1892
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