State v. Jacobs
Supreme Court of Missouri
Appeal from Greene Circuit Cowl. The defendant was indicted in the Circuit Court of Greene County for dealing as a merchant without a licence.
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Appeal from Greene Circuit Cowl. The defendant was indicted in the Circuit Court of Greene County for dealing as a merchant without a licence. The indictment charged that the defendant “ did then and there unlawfully deal as a merchant at a certain store, and did then and there sell divers goods, wares and merchandise, to-wit, one black coat, to John H. Lee, for the sum of six dollars, without then and there having a merchant’s licence, or any other legal authority therefor.” The defendant demurred to the indictment. I. The indictment does not charge that the store was “ occupied ” for the…
1Opinion of the CourtWagner, Judge
The indictment in this case must be held good according *380to tbe decisions of State v. Cox, 32 Mo. 566, and State v. Willis, 37 Mo. 192. It is true there is but one single act of selling alleged in the indictment; and if that was the only averment, it would be fatal. But the gravamen of the offence is the dealing as a merchant without licence, and that is suf-fficiently charged.
The judgment must therefore be affirmed.
Judge Holmes concurs; Judge Lovelace absent.
2Cases cited2 opinions
- State v. CoxSupreme Court of Missouri · 1862
- State v. WillisSupreme Court of Missouri · 1866
3Cited by3 opinions
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
- State v. BennettSupreme Court of Missouri · 1890
- State v. MasonUtah Supreme Court · 1938