State v. Hottle

• Decision Date: 19 January 1904
• Citation: 78 S.W. 311,104 Mo. App. 34
• Parties: STATE v. HOTTLE.
• Court: Missouri Court of Appeals

78 S.W. 311

104 Mo. App. 34

STATE v. HOTTLE.

Court of Appeals at St. Louis, Missouri.

January 19, 1904.

CRIMINAL LAW—VENUE—PROOF.

1. Where, in a prosecution of a druggist for permitting the drinking of intoxicating liquors in his place of business, the evidence showed that defendant was a registered pharmacist of C. county, that he resided in W., and various witnesses living in W. testified that they had drunk intoxicating liquors in defendant's drug store, but there was no evidence that the town of W., in which defendant's drug store was located, was in C. county, the evidence was insufficient to establish the venue in such county.

Appeal from Circuit Court, Clark County; E. R. McKee, Judge.

William Hottle was convicted of permitting the drinking of intoxicating liquors in his drug store, and he appeals. Reversed.

J. A. Whiteside, for appellant. W. T. Rutherford, for the State.

BLAND, P. J.

The defendant, a proprietor of a drug store, was convicted of a violation of section 3051, Rev. St. 1899, for permitting the drinking of intoxicating liquors in his place of business. From this conviction he appealed. It is contended by appellant that there was no proof of the venue. The evidence showed that Dr. J. W. Peckstein was a registered pharmacist in Clark county; that he resided in Wyaconda, and had his office in the same building in which the defendant kept a drug store; and that he was the owner of the building. Witness Speer testified that he lived in Wyaconda, and that he had drunk beer in the back room of defendant's drug store. On this evidence it reasonably appears that defendant's drug store was kept in Wyaconda; but it nowhere appears that Wyaconda, if a town or village, is in Clark county or in this state. Such evidence is insufficient to establish the venue. State v. King, 111 Mo. 576, 20 S. W. 299, and cases cited.

The judgment is reversed, and the cause remanded.

REYBURN and GOODE, JJ., concur.