State v. Bowers

Missouri Court of Appeals

State v. Bowers

65 Mo. App. 639, 1896 Mo. App. LEXIS 266

CourtMissouri Court of Appeals

DecidedMarch 23, 1896

StatusPublished

Cited by5 cases

This text of 65 Mo. App. 639 (State v. Bowers) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bowers, 65 Mo. App. 639, 1896 Mo. App. LEXIS 266 (Mo. Ct. App. 1896).

Pincite

Opinion

Ellison, J.

This is a prosecution under the druggist and pharmacist statute against defendant who is a druggist, for selling liquor without a prescription required by statute or other requisite authority to do so. The case shows a sale. The defense seems to have been based on a prescription from a regular registered, and practicing physician. This prescription fails to state that the liquor was prescribed as a necessary remedy, as is required by section 4621, Revised Statutes, 1889, and as such is no ■ defense. The trial court did not err in refusing defendant’s instruction declaring the prescription sufficient. The facts disclosed by the record were sufficient to sustain the finding of the court and the judgment will, therefore, be affirmed.

All concur.

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Ellison, J.

This is a prosecution under the druggist and pharmacist statute against defendant who is a druggist, for selling liquor without a prescription required by statute or other requisite authority to do so. The case shows a sale. The defense seems to have been based on a prescription from a regular registered, and practicing physician. This prescription fails to state that the liquor was prescribed as a necessary remedy, as is required by section 4621, Revised Statutes, 1889, and as such is no ■ defense. The trial court did not err in refusing defendant’s instruction declaring the prescription sufficient. The facts disclosed by the record were sufficient to sustain the finding of the court and the judgment will, therefore, be affirmed.

All concur.

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Bluebook (online)

65 Mo. App. 639, 1896 Mo. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bowers-moctapp-1896.

Opinion

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