110 Mo. App. 592 | Mo. Ct. App. | 1905
The information charged the defendant with having made the sale as a dramshop keeper. For the reason the term “dramshop keeper” is not preceded by the word “licensed,” it is contended by the appellant that the information does not state facts sufficient to constitute an offense under section 3011, supra. By section 2990 of the Dramshop Act a dramshop keeper is defined to be “a person permitted by law, being licensed according to the provisions of this chapter (chapter 22) to sell intoxicating liquors in any quantity, either at a retail or in the original package, not exceeding ten gallons.” Section 3011, for a violation of which defendant was convicted, prohibits any person having a license as a' dramshop keeper to keep open such dramshop “on the first day of the week, commonly called Sunday.” The information does not follow the language of the statute, in that it omits to state that defendant was a licensed dramshop keeper. It would have been better pleading if the information had followed the language of the statute creating the offense by alleging that the defendant was a licensed dram-
The judgment is reversed and the cause remanded.