State v. Russell
Missouri Court of Appeals
Appeal from Criminal Court of Greene County. — Wow. ■James J. Gideon, Judge. (1) The defendant as an aid to the proprietor and simply delivering whiskey to the purchaser at the direction of the proprietor and in his presence, when the proprietor had the right to make the sale and the sale was made within the scope of the proprietor’s authority and license, violates no law and does not come within the meaning of the rule in the case of State v. Gibson, 61 Mo.
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Appeal from Criminal Court of Greene County. — Wow. ■James J. Gideon, Judge. (1) The defendant as an aid to the proprietor and simply delivering whiskey to the purchaser at the direction of the proprietor and in his presence, when the proprietor had the right to make the sale and the sale was made within the scope of the proprietor’s authority and license, violates no law and does not come within the meaning of the rule in the case of State v. Gibson, 61 Mo. App. 368. (2) The court refused to submit the question of the sale by the proprietor, and the direction •of the court to the jury to…
1Opinion of the CourtGoode, J.
Appellant was indicted in the criminal court of Greene county for violating the local option law which is in force in Greene county outside the city of Springfield. The indictment charges that on March 21, 1901, at the town of Republic in said county, he unlawfully sold intoxicating liquor, to-wit, one gill of whiskey to William Holding, the appellant having no-license at the time and the sale being made without a license.
The evidence tended to show that W. E. Kimmons owned and conducted a drugstore in the town of Republic, and that the appellant, William Russell, clerked' for him; that on…
2Cases cited3 opinions
- Ex parte SwannSupreme Court of Missouri · 1888
- State v. MooreSupreme Court of Missouri · 1891
- State v. HammackMissouri Court of Appeals · 1902
3Cited by1 opinion
- State v. O'KelleyMissouri Court of Appeals · 1913