State v. Jacobs

Supreme Court of Missouri

State v. Jacobs

38 Mo. 379

CourtSupreme Court of Missouri

DecidedJuly 15, 1866

StatusPublished

Cited by3 cases

This text of 38 Mo. 379 (State v. Jacobs) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Jacobs, 38 Mo. 379 (Mo. 1866).

Pincite

Opinion

Wagner, Judge,

delivered the opinion of the court.

The indictment in this case must be held good according [380]*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.

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Wagner, Judge,

delivered the opinion of the court.

The indictment in this case must be held good according [380]*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.

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Bluebook (online)

38 Mo. 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jacobs-mo-1866.

Opinion

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