State v. Chilton

Missouri Court of Appeals

State v. Chilton

39 Mo. App. 51, 1890 Mo. App. LEXIS 31

DecidedJanuary 21, 1890

StatusPublished

This text of 39 Mo. App. 51 (State v. Chilton) 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. Chilton, 39 Mo. App. 51, 1890 Mo. App. LEXIS 31 (Mo. Ct. App. 1890).

Pincite

Opinion

Rombauer, P. J.,

delivered the opinion of tbe court. Tbe defendant was indicted, tried and convicted, for selling liquor without a license, and appeals. He complains of tbe insufficiency of tbe indictment, and of tbe rendition of tbe judgment against him upon insufficient proof. It is needless- to discuss tbe first point made, because we are clear that the second is well taken and necessarily results in a reversal of tbe judgment.

Upon tbe trial of tbe cause, the state gave no evidence whatever showing, or tending to show, in what [52]*52county the alleged offense was committed. This omission, under the uniform ruling in this state, is fatal to the verdict. State v. Milter, 71 Mo. 90; State v. Hughes, 82 Mo. 86; State v. McKay, 20 Mo. App. 149, and cases cited.

The judgment is reversed and the defendant discharged.

All the judges concur.

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