State v. Guyott

Decided October 15, 1857

Supreme Court of Missouri · decided 1857-10-15

Indictment for selling a commodity to a negro. The indictment charged that “ on the fifth day of June, 1856, and at the said county of Marion, one John Guyott unlawfully then and there being a tavern-keeper, and duly and regularly licensed to keep a tavern, unlawfully then and there did sell to a certain slave — the name of which slave, and the name of tbe owner or master or overseer of which said slave are to the jurors unknown — intoxicating liquor, to-wit, one gill of…

Relies on State v. Ladd · Hays v. State · State v. Vaughn

Decided 1857-10-15

Richardson, Judge,

¶1delivered the opinion of the court.

¶2The bill of exceptions contains nothing but one instruction, which we can not review for the reason that the evidence is not preserved. (State v. Vaughn, 26 Mo. 29.)

¶3The indictment is good. If the name of the slave or his owner or master was unknown to the grand jury, it was sufficient to state the fact in the indictment. (State v. Harris, 2 Snead, 224; State v. Miller, 7 Ired. 275; 13 Mo. 246; 14 14 Mo. 340; 15 Mo. 430.) The other judges concurring, the judgment will be affirmed.