State v. Napier
| Decision Date | 06 June 1927 |
| Docket Number | No. 15976.,15976. |
| Citation | 295 S.W. 808 |
| Parties | STATE v. NAPIER. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Saline County; Robert M. Reynolds, Judge.
"Not to be officially published."
Bellvier Napier was convicted of selling intoxicating liquors, and he appeals. Affirmed.
W. H. Meschede, of Marshall, for appellant.
Robert D. Johnson, of Marshall, for the State.
Information was filed by the prosecuting attorney of Saline county charging the defendant with unlawfully selling intoxicating liquors. Trial was had, defendant was found guilty, and his punishment was assessed at a fine of $500 and Imprisonment in the county jail for the term "of one year. After an unsuccessful motion for a new trial, the defendant has appealed.
The evidence on the part of the state tended to show that one Roy Armentrout was employed by the sheriff to assist him in finding violators of the local option law; that on May 10, 1926, in Marshall, Mo., witness Armentrout met the defendant, and after some conversation bought one-half pint of whisky from him; that the whisky was delivered at an old feed barn, and witness paid appellant $1.25 for the whisky. The bottle of whisky was introduced in evidence.
Defendant testified that he was `in town at the time it is alleged he sold the whisky, but did not see the witness Armentrout.
The appellant urges that the burden of proving the defendant guilty is upon the state. We quite agree with that proposition, but at the same time the authorities all hold when the jury saw the witness, heard the testimony, and found a verdict on substantial evidence the verdict will not be disturbed by the appellate court. State v. Pope, 210 Mo. App. 558, 243 S.W. 253; State v. Stockton (Mo. App.) 228 S.W. 1082; State v. Helpley (Mo. Sup.) 279 S.W. 701; State v. Cummings (Mo. App.) 257 S.W. 184.
Judgment affirmed
The foregoing opinion by WILLIAMS, C., is adopted as the opinion of the court.
To continue reading
Request your trial