State v. Humphrey
| Decision Date | 17 May 1946 |
| Docket Number | No. 6636.,6636. |
| Parties | STATE v. HUMPHREY. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Butler County; Randolph H. Weber, Judge.
"Not to be published in State Reports".
J. C. Humphrey was convicted of unlawfully selling 3.2 beer on Sunday, and he appeals.
Affirmed.
Cope & Ponder and Ted M. Henson, all of Poplar Bluff, for appellant.
David W. Hill, Pros. Atty., of Poplar Bluff, for respondent.
On May 14, 1945, an information was filed by the Prosecuting Attorney of Butler County, Missouri, charging defendant with unlawfully selling 3.2 beer on Sunday, May 13, 1945. Thereafter defendant filed a demurrer to the information which was overruled by the court and, subsequently, a motion to quash met with the same fate. The case was tried before a jury resulting in a verdict of guilty and a fine fixed at $25. Judgment was rendered thereon from which defendant appeals.
Neither plaintiff nor defendant has filed a brief and there was no appearance by either in this court.
The undisputed testimony shows defendant guilty as charged. Even his own testimony establishes his guilt. A similar information to the one before us was upheld in the case of State v. Malone, 192 S.W. 2d 68, by this court. Therefore, following the rules and the reasons set forth in that case, the judgment of the trial court is affirmed.
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Nickols v. North Kansas City
...the Missouri Liquor Control Act of 1933. State v. Malone, 238 Mo.App. 939, 192 S.W.2d 68; State v. Haliburton, 194 S.W.2d 206; State v. Humphrey, 194 S.W.2d 545. All efforts must be made to construe the Missouri Liquor Control Act so as to be consistent with Sec. 4742, Revised Statutes of M......