214 Mo. 233 | Mo. | 1908
This is an appeal by the defendant from a judgment of conviction in the St. Louis-Court of Criminal Correction convicting him as a dramshop keeper of selling, giving away and otherwise disposing of intoxicating liquors upon or about his premises wherein such dramshop is located, on the first day of the week commonly called Sunday.
On August 28, 1905, the assistant prosecuting attorney filed in the St. Louis Court of Criminal Correction an information containing two counts against
Timely motions for new trial and in arrest of judgment were filed and overruled, and an appeal was granted to the St. Louis Court of Appeals. Upon December 3, 1907, the St. Louis Court of Appeals, for the reason that a constitutional question was involved, certified the case to this court, on the ground that they were without jurisdiction to determine that question. The bill of exceptions does not preserve any of the evidence introduced at the trial. There was a judgment duly entered for the recovery of the $75, and from this judgment this appeal is prosecuted, and the record is now before us for consideration.
OPINION.
The first proposition to which our attention is directed is the earnest insistence upon the part of learned counsel for appellant that section 3011, Revised Statutes 1899, is unconstitutional and void. Section 3011,
It is sufficient to say upon this proposition that in our opinion there is no merit in the contention of appellant that this section is unconstitutional and void. It in no way impinges upon section 53, article 4, of the State Constitution, whicli prohibits class legislation. This section applies to all persons of a class having dramshop licenses. No exceptions are made. It is general in its scope and universal in its application, so far as licensed dramshop keepers are concerned, and is therefore, under the uniform decisions of this court, to be classed as a general law. [State v. Etchman, 189 Mo. 648; O’Connor v. Railroad, 198 Mo. 622; Taylor v. Railroad, 198 Mo. 715.]
This section has been upon the statute for many years in this State, and many judgments of conviction for the violation of its provisions have been rendered by the courts of this State and affirmed by the appellate courts. In our opinion it is not an unreasonable regulation of the liquor traffic, as applicable to those who have procured the privilege of engaging in the business of that nature and character. In our opinion this section is constitutional and valid.
Counsel for appellant devotes a great deal of attention in his able and exhaustive brief in this case
II.
The most serious proposition disclosed by the record now before us is the one in which the point is made that the verdict as returned by the jury is not responsive to the issues presented in the trial court, and is so uncertain and indefinite as renders it insufficient to support the judgment. The verdict of the jury was in the following form:
“State of Missouri, vs. “Arthur Grossman.
“We, the jury in the above-entitled cause, find the defendant guilty of selling or otherwise disposing of liquor on Sunday, as charged in the information, and assess his punishment at a fine of $75.
“E. F. Jones, Foreman.” •
Section 3011, Revised Statutes 1899', upon which the information and the verdict as returned by the jury are predicated, makes it an offense for any person
In Stevens v. Commonwealth, 6 Metc. 241, the court had under consideration a statute which prescribed the punishment of “every person who shall buy, receive, or aid in the concealment of any stolen goods, knowing the same to have been stolen.” It was held in that case that there was but one offense mentioned by the statute, although that offense might be committed in one of three modes, by buying, receiving or aiding in the concealment of stolen goods. So it may be said as to section 3011. Its provisions are intended as a regulation of the liquor traffic by prohibiting the pursuit of that traffic on the first day of the week commonly called Sunday. The offense de
In State v. DeWitt, 186 Mo. 61, the authorities were all carefully reviewed by this court, and the following conclusion was announced, after a full consideration of all the authorities, speaking through Judge Gantt: “Whatever the practice may be in other states, it is the settled law of Missouri that if a verdict, which is a part of the record, is not responsive to the issue or is so uncertain and indefinite that it will not support the judgment, this defect may be reached by a motion in arrest of judgment.” Citing Webber v. State, 10 Mo. 4; Davidson v. Peck, 4 Mo. 438; Griffin v. Samuel, 6 Mo. 50.
The verdict in this cause, measured by the authorities cited in State v. DeWitt, supra, is manifestly insufficient' to support the judgment. If the jury had found the defendant guilty as charged in the information, or had returned a verdict finding him
While it is with reluctance that this court feels constrained to disturb the judgment of the trial court by reason of the insufficiency of the verdict returned, yet if juries are required under the law to return their findings in a reasonably definite and certain manner which are responsive to the issues presented, and we are to longer follow the well-settled rules of law applicable to the form of verdicts, then we see no escape from the conclusion that this verdict is indefinite, uncertain and not responsive to the issues presented, and the motion in arrest of judgment filed by the defendant in the trial court should have been sustained. Entertaining these views it results that the judgment of the trial court should be reversed and the cause remanded, and it is so ordered.