Appeal from Nodaway Circuit Court — Hon. H. S. Kelly, Judge.

Defendant, a druggist, was indicted for manslaughter in the fourth degree, in carelessly and negligently filling a prescription. The indictment was as follows :

The grand jurors of the State of Missouri for the body of the county of Nodaway, being duly empanneled and sworn, upon their oaths present: that William H. Smith, late of said county, on or about the 30th day of June, A. D. 1874, at the county of Nodaway, was employed as clerk in a certain drug store in the town of Quitman, in said county, and as such engaged in selling drugs and medicines and in preparing, compounding and filling prescriptions of medicines for the healing and curing of persons sick and diseased, and in the sale and disposition of deadly poisons to such persons as might solicit the same; and that said William IT. Smith, as such clerk as aforesaid, then and there had and took upon himself the care, charge, management and control of the drugs, medicines and poisons in such drug store, and of the sale, compounding and disposition of such drugs, medicines and poisons, and that it then and there became and was the duty of said William IT. Smith to sell such drugs, medicines and poisons as might be solicited, and to compound and fill prescriptions of medicines for the curing of persons sick and diseased, as might be ordered, directed and required.

And the jurors aforesaid, upon their oaths aforesaid, further present: that said William IT. Smith, at the time and place aforesaid, so having the care, charge, management and control of said drug store as aforesaid, a certain quantity, to-wit: thirty grains of powdered opium, a deadly poison, did willfully, feloniously, culpably and negligently put, infuse, mix and mingle in and together with certain salutary medicines, then lately before prescribed for one infant male child of the age of fifteen days, then lately born, of the body of Sarah J. Davis, and without name, which said salutary medicines were then and there, being by said 'William IT. Smith made up, mixed and. compounded for said infant male child, then lately born of the body of Sarah J. Davis, and without name, to be taken by the said infant male child, then lately born of the body of Sarah J\ Davis, and without name, the said William H. Smith then and there well knowing that said powdered opium was a deadly poison.

And the jurors aforesaid, do further present: that the said William H. Smith, the said powdered opium so as aforesaid by him, the said William IT. Smith, put, infused, mixed and mingled in and with such salutary medicines as aforesaid, did willfully, feloniously and with culpable negligence, put, mix, mingle and place, in the place and stead of powdered rhubarb, said rhubarb being a curative and healthy medicine, there lately before prescribed, with the said certain salutary medicines aforesaid, for the said infant male child, then lately born of the body of Sarah J. Davis, and without name.

…

Citation profile

How this case has been treated — in progress