State v. Weagley

• Decision Date: 08 May 1922
• Docket Number: No. 3069.,3069.
• Citation: 240 S.W. 822
• Parties: STATE v. WEAGLEY.
• Court: Missouri Court of Appeals

240 S.W. 822

STATE v. WEAGLEY.

No. 3069.

Springfield Court of Appeals. Missouri.

May 8, 1922.

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

Guy Weagley was convicted of unlawfully giving away intoxicating liquor and of possessing intoxicating liquor, and he appeals. Reversed.

Moore, Barrett & Moore, of Ozark, for appellant.

Chas. F. Boyd, Pros. Atty., of Ozark, for the State.

FARRINGTON, J.

The appellant was tried in Christian county before the court sitting as a jury, was found guilty, and a fine assessed against him of $100 and costs.

From the record, it appears that the prosecuting attorney of Christian county filed an information charging the defendant in two counts: One, that he unlawfully gave away intoxicating liquor, to wit, one drink of whisky, for beverage purposes; second, that he possessed intoxicating liquor, to wit, part of a fruit jar full of whisky, for beverage purposes. From the record before us it is impossible to tell upon which count the defendant was convicted, and on turning to the evidence in the case, which we herein copy in full, we are unable to determine how he could be convicted for either offense charged in the two counts in the information. The evidence is as follows:

"It is hereby agreed by both the plaintiff and the defendant that the testimony is as follows: "The first witness who testified for the state testified as follows: That on the date alleged in the information, it being on Sunday, he, with another boy abort his own age, when they met up with the defendant, Guy Weagley, who inquired of them if they did not want something to drink and handed to one of the boys a quart fruit jar, partly filled with a red looking liquid. Witness testified that he took one drink out of the fruit jar; that be did not know what it was; and that he did not know whether it would intoxicate or not.

"Another witness testified that on this date the defendant came to his house and handed him a quart fruit jar containing some kind of red liquid, and, after witness had taken a drink of same, the defendant said, `How is that for moonshine?' Witness said that it tasted more like cayenne pepper to him. Witness testified that he did not know whether it was whisky or not and did not know whether it would intoxicate or not, as he did not drink enough to see. This happened in Christian county, Mo., on the date alleged in the information."

There is no evidence in this case to sustain a conviction for the violation of...