State v. Stamper
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The testimony showing that Henry Gordon, defendant’s clerk, who sold the whiskey to Hightower, bore the general reputation selling liquor illegally in defendant’s store in the summer of 1907, was competent in chief to prove that the defendant knew Gordon, was selling, because no man is presumed to be so much of a recluse as not to be aware of what ■is generally known and talked of in the neighborhood.
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Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The testimony showing that Henry Gordon, defendant’s clerk, who sold the whiskey to Hightower, bore the general reputation selling liquor illegally in defendant’s store in the summer of 1907, was competent in chief to prove that the defendant knew Gordon, was selling, because no man is presumed to be so much of a recluse as not to be aware of what ■is generally known and talked of in the neighborhood. Such general reputation is one method of proving knowledge by a member of the community. 1 Wig-more on Ev., secs. 245 (3),…
1Opinion of the CourtBroaddus, P. J.
The defendant was indicted as a druggist for the illegal sale of intoxicating liquor, tried and convicted. . Erom the judgment he has appealed. On the trial it was admitted that defendant at the time the alleged illegal sale was made, was a pharmacist and dealer in drugs in the town of Lawson, Ray county, Missouri; and that one Henry Gordon in his employ as clerk and pharmacist was a registered pharmacist in said county and state.
A witness by the name of Hightower testified that he bought of said Henry Gordon one pint of whiskey for which he paid twenty-five cents in defendant’s said drug…
2Cases cited5 opinions
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. OliphantMissouri Court of Appeals · 1908
- State v. ReileySupreme Court of Missouri · 1882
- State v. BrownMissouri Court of Appeals · 1910
- State v. SeigenthalerMissouri Court of Appeals · 1906
3Cited by3 opinions
- State v. McClureMissouri Court of Appeals · 1974
- People v. SilvaCalifornia Court of Appeal · 1924
- State v. WhiteSupreme Court of Missouri · 1923