State v. Golden
| Citation | 289 S.W. 904 |
| Decision Date | 20 December 1926 |
| Docket Number | 27053 |
| Parties | STATE v. GOLDEN et al |
| Court | Missouri Supreme Court |
North T. Gentry, Atty. Gen., and H. O. Harrawood, Sp. Asst. Atty. Gen., for the State.
The defendants were charged in Cooper county with giving away hootch, moonshine, corn whisky, to one Grace Gensler. No bill of exceptions was filed in the case, and we have only the record proper for consideration.
The record shows that upon application of defendant a change of venue was awarded to Moniteau county, where an information was filed November 10, 1924. On the 18th day of March, 1925, the case was tried before a jury in Moniteau county, and a verdict rendered finding the defendant James Golden guilty as charged in the information, and assessing his punishment at six months in jail; also a verdict finding the defendant Henry Potter guilty as charged in the information, and assessing his punishment at six months in jail. Thereafter a motion for new trial was filed and overruled, a motion in arrest filed and overruled, and the defendants then duly sentenced. In due time thereafter they filed their affidavit for appeal, which was allowed to this court.
The information correctly charges an offense under section 21 of the Acts of 1923, p. 242, which makes it a felony to brew, sell, give away, etc., hootch, moonshine, corn whisky; and the punishment allowed by that section includes imprisonment in the county jail for not less than three nor more than twelve months.
The information states an offense under that section, although it contains allegations which would also describe an offense under article 7, c. 52, R. S. 1919. The record shows no attack was made on the information on that account. No error or irregularity appears in the proceeding as shown by the record.
The judgment accordingly is affirmed.
All concur.
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