State v. Hendrix

• Citation: 11 S.W. 728,98 Mo. 374
• Parties: STATE v. HENDRIX.
• Decision Date: 10 June 1889
• Court: United States State Supreme Court of Missouri

11 S.W. 728

98 Mo. 374

STATE v. HENDRIX.

Supreme Court of Missouri.

June 10, 1889.

CONSTITUTIONAL LAW — AMENDING STATUTES — ILLEGAL SALE OF INTOXICATING LIQUORS — EVIDENCE.

1. Act Mo. March 29, 1883, (Acts 1883, p. 89,) which amends a former act by adding three new sections thereto, and by amending one of the former sections, setting out such section as amended in full, is not, as to one of the new sections, in violation of Const. Mo. art. 4, § 34, which provides that "no act shall be amended by providing that designated words thereof be stricken out, or that designated words be inserted, or that designated words be stricken out and others inserted in lieu thereof; but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in lieu thereof, together with the act or section amended, shall be set forth in full as amended." Following State v. Thruston, 4 S.W. Rep. 930.

2. On trial for selling intoxicating liquor as a pharmacist without the written prescription of a physician, which is prohibited by act Mo. March 29, 1883, evidence that the liquor was called for and sold to be used as a medicine is inadmissible.

3. Copies, under seal of the secretary of state, of the registration of the names and residences of all persons to whom the board of pharmacy issues certificates, made by the board, and a copy of which is filed in the office of the secretary of state, as required by act Mo. March 26, 1881, (Acts 1881, p. 130,) § 4, are within the meaning of Rev. St. Mo. § 2280, providing that copies of all papers on file in the office of the secretary of state, certified under his seal, shall be admissible in evidence.

Case certified from Kansas City court of appeals.

Act Mo. March 29, 1883, (Acts 1883, p. 89,) amends the act of 1881, (Acts 1881, p. 130,) by adding three new sections thereto, and by amending section 8 of that act, setting out in full such section as amended. Section 2 of the amendatory act, which is one of the new sections, prohibits druggists or pharmacists from selling intoxicating liquors, except on the written prescription of a registered practicing physician. Rev. St. Mo. 1879, § 2280, provides that copies of all papers filed in the office of the secretary of state, and certified under his seal, shall be admissible in evidence. Const. Mo. art 4, § 34, provides that "no act shall be amended by providing that designated words thereof be stricken out, or that designated words be inserted, or that designated words be stricken out and others inserted in lieu thereof; but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in...