Missouri Court of Appeals, 1896

State v. Bowers

State v. Bowers
Missouri Court of Appeals · Decided March 23, 1896 · Ellison
65 Mo. App. 639; 1896 Mo. App. LEXIS 266
State v. Bowers

Cases that cite this one

4 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.