State v. Baker

Decided March 15, 1854

Supreme Court of Missouri · decided 1854-03-15

Indictment for selling spirituous liquors in less quantities than one quart without a license. The defendant admitted the sale, and then produced in evidence a receipt of the county collector for the ad valorem tax upon his stock of groceries for six months, covering the time when the offence charged in the indictment was alleged to have been committed.

Cited by 2 later decisions — most recently May 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-03-15

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Ryland, Judge,

¶1delivered the opinion of the court.

¶2The defendant was indicted for selling spirituous liquors without license ; he appeared and pleaded not guilty. A trial was had, and, under an instruction from the court, the jury found the defendant not guilty.

¶3 *684The circuit attorney objected to the instruction, and after verdict, moved to set the same aside, and grant a new trial for the erroneous and illegal instruction. The court overruled the motion, and the State brings the case here by writ of error.

¶4The defendant having been found not guilty by a jury, this must end the matter. The verdict of acquittal is a protection against any further proceedings, and this court will not interfere in such cases. See the case of the State v. Spear, 6 Mo. Rep. 644. Let the judgment be affirmed,

the other judges concurring.