State v. Long

• Citation: 203 Mo. App. 427,220 S.W. 690
• Decision Date: 05 April 1920
• Docket Number: No. 13506.,13506.
• Parties: STATE v. LONG.
• Court: Court of Appeal of Missouri (US)

220 S.W. 690

203 Mo. App. 427

STATE v. LONG.

No. 13506.

Kansas City Court of Appeals. Missouri.

April 5, 1920.

[PR] Appeal from Circuit Court, Adair County; J. A. Cooley, Judge.

F. M. Long was convicted of an offense, and he appeals. Affirmed.

J. M. Wattenbarger, of Milan, for appellant.

Paul D. Higbee, of Kirksville, for the State.

TRIMBLE, J.

This is a prosecution based upon an amended information charging a violation of the act of the Legislature of April 12, 1911, Laws 1911, p. 423. A jury was waived, and the case was tried before the court, resulting in a judgment of conviction in which defendant was punished by a fine of $200. He has brought the case here on appeal.

Section 1 of the act in question declares that—

An "itinerant vendor" shall mean and include "all persons, both principal and agents, who engage in, or conduct, in this state, either in one locality or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one place for a period of not more than one hundred and twenty days, and who, for the purpose of carrying on such business, hire, lease or occupy, either in whole or in part, a room, building, or other structure, for the exhibition and sale of such goods, wares and merchandise. The provisions of this act shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares and merchandise by sample for future delivery, nor to hawkers on the streets or peddlers from vehicles, nor to any sale of goods, wares or merchandise on the grounds of any agricultural society during the continuance of any annual fair held by such society."

Section 8 of said act provides that—

"Every itinerant vendor who sells or exposes for sale, at public or private sale, any goods, wares or merchandise without state license therefor * * * shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars, nor less than two hundred dollars or by imprisonment for not More than six months, or both."

In the fall of 1918 defendant, in the city of Kirksville, both in person and through employés, engaged for a period of several weeks in selling goods, wares, and merchandise consisting of apples, potatoes, and cabbage from box cars on the side track of the Wabash railway in said city. These goods were secured by him at various places and were shipped by him into Kirksville; and defendant advertised in the paper that he would sell said goods as above stated. The purchasers would come to the cars, buy their merchandise, pay for it, and take it home with them.

It is not contended that the facts do not bring defendant within the definition of an...