State v. Roller
Supreme Court of Missouri
Appeal from Saline Criminal Court. — Hon. J. E. Byland, Judge. 1. By section 8 of. the act of 1881, apothecaries registered as provided by the act “ have the right to keep and sell, under such restrictions as are herein provided, all medicines * * of .recognized medical utility.” Whisky is admitted to be such a medicine. The act is a special grant to sell, not upon such terms as were prescribed by other statutes,- but on such as are prescribed by this act.
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Appeal from Saline Criminal Court. — Hon. J. E. Byland, Judge. 1. By section 8 of. the act of 1881, apothecaries registered as provided by the act “ have the right to keep and sell, under such restrictions as are herein provided, all medicines * * of .recognized medical utility.” Whisky is admitted to be such a medicine. The act is a special grant to sell, not upon such terms as were prescribed by other statutes,- but on such as are prescribed by this act. On these terms a special privilege is accorded to a certain class to sell liquor as medicine. This class are permitted to sell other…
1Opinion of the CourtHenry, J.
The defendant was indicted for selling intoxicating liquors in less quantity than one gallon. The cause was submitted on the following agreed facts: “Defendant sold intoxicating liquor in Saline county, on the 2nd day of March, 1882, in less quantity than one gallon, for medical purposes only, but without a prescription from a physician. Defendant was at the time a duly registered pharmacist; and the liquor sold was whisky, which is pronounced by the National American and United States Dispensatory and Pharmacopoeia to be of recognized medical utility.” He was found guilty and fined $40, and…
2Cases cited2 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Smith v. StateSupreme Court of Missouri · 1851
3Cited by26 opinions
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- Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
- Meriwether v. LoveSupreme Court of Missouri · 1902
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