State v. Evans

• Decision Date: 13 November 1917
• Docket Number: No. 2052.,2052.
• Citation: 198 S.W. 472
• Parties: STATE v. EVANS.
• Court: Missouri Court of Appeals

198 S.W. 472

STATE v. EVANS.

No. 2052.

Springfield Court of Appeals. Missouri.

November 13, 1917.

Appeal from Circuit Court, Greene County; Arch A. Johnson, Judge.

G. P. Evans was convicted of an offense, and he appeals. Affirmed.

BRADLEY, J.

On June 1, 1916, the defendant was indicted by the grand jury of Greene county under section 7188, R. S. 1909, for selling one-half pint of whisky. Trial was had by a jury on August 18, 1916, resulting in a verdict of guilty, the jury fixing the penalty at a fine of $40. Neither the state nor respondent is represented in this court, and no briefs have been filed; but there has been filed a complete transcript in the regular way pointed out by statute (section 5308, R. S. 1909), and, since this is a criminal case, it is our duty to carefully examine the record for errors, and render judgment thereon, regardless of whether briefs, statements, and abstracts are filed (section 5312, R. S. 1909, State v. Faith, 180 Mo. App. loc. cit. 494, 166 S. W. 649; State v. Miles, 174 Mo. App. 181, 156 S. W. 758).

The appellant is a licensed druggist, and has a drug store in the city of Springfield. He was licensed as a druggist in 1879. He had known the prosecuting witness 10 or 12 years. The prosecuting witness, and the only witness, William Stanfield, testified that he had lived in Springfield about 25 years, and that he worked at the railroad shops for a living; that he was at defendant's drug store about once a week; that he bought postage stamps, and medicine, and had prescriptions filled there. The witness Stanfield was asked again and again if he bought a half pint of whisky from the defendant between two and five months before June 1, 1916. About the best answer he ever gave was that to the best of his judgment he did. He testified positively that he bought whisky from defendant without a prescription; but he was never positive on direct examination as to when he bought it, but in his best judgment it was between two and five months prior to June 1, 1916. On cross-examination Stanfield said positively it was in the winter of 1915-16, and this brings it within the year next before the finding of the indictment. The defendant testified that he did not at any time sell the witness Stanfield any whisky, except on a prescription of an authorized physician. Appellant introduced in evidence a prescription from a physician, showing that on May 21, 1916, he had sold the witness a half pint of whisky.

The cause was...