State v. Elam
Missouri Court of Appeals
Appeal from Gentry Circuit Court, Hgn. C. H. S. Goodman, Judge. The case is stated in the opinion. I. The motion to quash the indictment should have been sustained. The rules of criminal pleading require that every change should be so specific, certain and definite, as to inform defendant of the precise nature of the particular act for which he is called upon to answer. Wharton Crim. Plead. & Pract., sect. 220; Staten. Fisher, 58 Mo. 256; State n.
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Appeal from Gentry Circuit Court, Hgn. C. H. S. Goodman, Judge. The case is stated in the opinion. I. The motion to quash the indictment should have been sustained. The rules of criminal pleading require that every change should be so specific, certain and definite, as to inform defendant of the precise nature of the particular act for which he is called upon to answer. Wharton Crim. Plead. & Pract., sect. 220; Staten. Fisher, 58 Mo. 256; State n. Maupin, 57 Mo. 205; 1 hompson n. State, 16 Tex. App. 159; Bishop Stat. 'Crimes (2. Ed.) sect. 1037 and cases. II. The objectioh to. the…
1Opinion of the CourtPhilips, P. J.
— The defendant was convicted under an indictment founded on section two of the act concerning druggists, etc. Laws of Missouri, 1883, page 88. The essential part of this section is as follows: “No ■druggist or pharmacist shall, directly or indirectly, sell, *292give away, or otherwise dispose of, intoxicating liquora of any kind, in any quantity less than one gallon, for any purpose, except on a written prescription, dated and signed, first had and obtained from some regularly registered and practicing physician, and then only when such physician shall state in such prescription the name of the…
2Cases cited5 opinions
- United States v. CookSupreme Court of the United States · 1872
- State v. O'BrienSupreme Court of Missouri · 1881
- State v. LaddSupreme Court of Missouri · 1852
- State v. SpainSupreme Court of Missouri · 1860
- Davenport v. MurraySupreme Court of Missouri · 1878
3Cited by9 opinions
- Kemper v. GluckSupreme Court of Missouri · 1931
- People v. FowlerCalifornia Court of Appeal · 1938
- City of Kansas v. GarnierSupreme Court of Kansas · 1896
- State v. MartinSupreme Court of Missouri · 1891
- State v. DavisWashington Supreme Court · 1906
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