State v. Dougher

Decided February 15, 1872

Supreme Court of Missouri · decided 1872-02-15

<p>1. Indictment — Liquor — Selling without license.— The selling of liquors without license is not an offense subject to be proceeded against by indictment, unless defendant consents to that mode of prosecution. (State y. Huffschmidt, 47 Mo. 73, affirmed.)</p>

Relies on State v. Huffschmidt

Decided 1872-02-15

Bliss, Judge,

¶1delivered the opinion of the court.

¶2The defendant was indicted for selling intoxicating liquors without license, and moved to quash the indictment because it was.not an indictable oifense. The motion being overruled he appeals. The question was considered in The State v. Huffschmidt, 47 Mo. 73. The defendant has not consented to this mode of the exercise of the court’s jurisdiction, and the case is reversed.

Judge Wagner concurs. Judge Adams absent.