State v. Rucker

• Decision Date: 31 March 1857
• Citation: State v. Rucker, 24 Mo. 557 (Mo. 1857)
• Parties: THE STATE, Respondent, v. RUCKER, Appellant.
• Court: Missouri Supreme Court

24 Mo. 557

THE STATE, Respondent,

v.RUCKER, Appellant.

Supreme Court of Missouri.

March Term, 1857.

1.Tobacco, the growth of this state, is not one of the articles exempt from duty under the act to license auctioneers.(R. C. 1845, p. 161.)

2.A person may be guilty, under the act to license auctioneers (R. C. 1845, p. 162), of exercising a trade or business of a public auctioneer without a license, although he may receive no compensation for the act of selling.

Appeal from St. Louis Criminal Court.

The defendant moved the court to give the following instructions: “1.If the jury believe from the evidence in the cause that George W. Rucker sold at public outcry, at his place of business, the tobacco as charged in the indictment--the growth and production of this state--and that his services in selling the same were a mere gratuity, without reward or compensation, then you must acquit.2.If the jury believe from the evidence that George W. Rucker sold tobacco at public outcry, at his place of business, in the city of St. Louis, and that all of said tobacco so sold was the growth of the State of Missouri, you will acquit.3.To exercise the trade and business of an auctioneer is to pursue that business for a livelihood, and sell goods, wares, merchandise and property at public outcry for a compensation or reward.”The court refused to give the foregoing instructions.

Cline & Jamison, for appellant.

Mauro(circuit attorney), for respondent.

RYLAND, Judge, delivered the opinion of the court.

George W. Rucker was indicted at the January term, 1856, of the St. Louis Criminal Court, for unlawfully exercising the trade and business of a public auctioneer.He appeared to the indictment and pleaded not guilty.The jury found him guilty, and assessed the punishment by fine of five hundred dollars.He moved in arrest of judgment, also for a new trial; both motions being overruled, he brings the case here by appeal.

The testimony showed that Rucker had at various times sold tobacco at auction in the county of St. Louis.Sometimes he would sell as many as thirty or forty hogsheads--at other times not so many.The hogsheads would weigh about 1,200 pounds each, and were sold for various prices.This was within one year before the finding of the indictment.Mr. Rucker, the defendant, got fifty cents for each cask of tobacco that went on the brakes.The tobacco was always weighed and sampled, and sometimes sold at auction.There was no charge made for the selling.The witness who owned the warehouse stated that Rucker was to have fifty cents for each cask of tobacco that went on the floor.He was paid that amount, which was collected of the customers of the house, for weighing and sampling and selling, when a sale was made, but no charge was made for the particular act of selling.The compensation to Rucker was fifty cents, whether there was a sale or...