State v. Morrison

• Decision Date: 08 May 1922
• Docket Number: No. 3149.,3149.
• Citation: 240 S.W. 822
• Parties: STATE v. MORRISON.
• Court: Missouri Court of Appeals

240 S.W. 822

STATE v. MORRISON.

No. 3149.

Springfield Court of Appeals. Missouri.

May 8, 1922.

Appeal from Circuit Court, Douglas County; Fred Stewart, Judge.

Lon Morrison was convicted of selling intoxicating liquor for beverage purposes, and he appeals. Reversed, and defendant discharged.

BRADLEY, J.

Defendant was charged by indictment with violating our prohibition statute, section 6588, R. S. 1919, in that it is charged that he at and in the county of Douglas, on the ______ day of December, 1920, did unlawfully sell intoxicating liquor for beverage purposes. A jury trial resulted in a verdict of guilty, and defendant's punishment fixed at fine of $400, and he appealed.

No briefs are filed here by either side. The motion for new trial names three grounds, but all are to the same effect, viz., that the demurrer to the evidence interposed by defendant should have been sustained.

Walter Stinson was the only witness. He testified on direct examination as follows:

"Q. I'll ask you if along last December if you bought any liquor from him? A. I bought something from him with the expectation of it being liquor. Q. Tell the jury when you bought it? A. I went to him and give him $5, and he gave me a quart of something. Q. Tell all about the conversation you had with him about it? A. I seen him a few days before that, and he told me he had some pretty good stuff that he sold at $5 a quart. I told him I believed I would take a quart. So he went and got it. Q. What kind of stuff was it? A. I don't know. It was a fiery white looking stuff. Q. About how much did you get? A. A quart. Q. Did you drink it? A. A part of it. Q. Did it burn? A. Yes, it was fiery. Q. He sold it to you for whisky?

"By Mr. Moore: We object to what it was supposed to be.

"By the Court: Go ahead. The objection is overruled.

"By Mr. Moore: We except to the ruling of the court.

"A. I suppose it was whisky. That is what I took it to be before I got it. That was what wanted when I bought it. Q. What did you do with it? A. I drank part of it. Q. What did you do with the rest? A. I think I threw the rest away. It wasn't fit to drink."

On cross-examination the witness stated:

"Q. Was that whisky you bought? A. No, sir; it wasn't whisky. Q. Was it intoxicating liquor?

"By Mr. Banta: We object.

"By the Court: The objection is overruled.

"Q. Did it have any intoxicating effect on you? A. No, not on me. Q. You have drank whisky? A. No. Q. You know it wasn't intoxicating?

"By Mr. Banta: We object to that.

"By the Court: The objection is overruled. Let him answer the question.

"Q. Did it have any intoxicating effect on you? A. No, sir; not what I drank didn't. Q. Did it look like any intoxicating liquor that you ever drank? A. No, sir. Q. Did it taste like any that you ever drank? A. No, sir. Q. It didn't affect you like it? A. No, sir."

On redirect examination the witness testified:

"Q. How much of this did you drink? A. I expect half a pint. Q. About how long were you drinking that? A. I drank a little that evening And I think I drank a little...