State v. McCabe

• Court: Missouri Court of Appeals
• Writing for the Court: Barclay
• Citation: State v. McCabe, 67 S.W. 973, 94 Mo. App. 122 (Mo. App. 1902)
• Decision Date: 15 April 1902
• Parties: STATE v. McCABE.

67 S.W. 973

94 Mo. App. 122

STATE v. McCABE.

Court of Appeals of St. Louis, Missouri.

April 15, 1902.

INTOXICATING LIQUORS — ILLEGAL SALE — EVIDENCE.

1. Circumstantial evidence is applicable to support prosecutions for unlawful sales of liquor as in other cases.

2. Two defendants were prosecuted for selling liquors on Sunday. One was proprietor of a saloon on the ground floor of a hotel. The saloon was connected with a storeroom, and from the latter a dumbwaiter ran to a room on an upper floor of the hotel. The other defendant stood in the room, and took orders for drinks. The customer put his money on the dumbwaiter, which then disappeared, and shortly returned with the refreshments ordered, which the customer received. On these and the other facts stated in the opinion it was held that there was testimony to support the conviction of both defendants for unlawful liquor selling on Sunday.

(Syllabus by the Judge.)

Appeal from circuit court, Butler county; James L. Fort, Judge.

James McCabe and another were convicted of selling liquor on Sunday, and McCabe appeals. Affirmed.

L. D. Grove, for appellant. D. W. Hill, for the State.

BARCLAY, J.

This appeal is from a conviction for selling fermented and distilled liquors on Sunday. The defendants were jointly charged with the offense, and each was fined $50. Both appealed in the usual manner.

The testimony tended to unfold the following facts: Defendant McCabe conducted a saloon on the ground floor of a hotel in Poplar Bluff, Mo. Back of the saloon was a storeroom. From the latter a small lift or dumbwaiter was constructed in such a way as to afford a convenient means of transmitting to an upper room in the hotel such liquid refreshments as might be ordered. The formula was for the patron in the upper room to announce what he would have, deposit on the dumbwaiter the customary price for his order, when the machinery of the device would move by means of some human motive power on the ground floor. The dumbwaiter would descend with the funds and return with the refreshments as ordered. On the Sunday in question three men went to the upper room aforesaid, and ordered beer and whisky, respectively, in response to a question by defendant Gallagher, "What will you have?" The customers put the money for their orders on the dumbwaiter, which then disappeared from view, to reappear shortly with the liquors ordered. They were delivered to the purchasers. There was no testimony that defendant Gallagher was...