Wagner, Judge,
delivered the opinion of the court.
The indictment in this case must be held good according *380to tbe decisions of State v. Cox, 32 Mo. 566" court="Mo." date_filed="1862-07-15" href="https://app.midpage.ai/document/state-v-cox-8001213?utm_source=webapp" opinion_id="8001213">32 Mo. 566, and State v. Willis, 37 Mo. 192" court="Mo." date_filed="1866-01-15" href="https://app.midpage.ai/document/state-v-willis-8001804?utm_source=webapp" opinion_id="8001804">37 Mo. 192. It is true there is but one single act of selling alleged in the indictment; and if that was the only averment, it would be fatal. But the gravamen of the offence is the dealing as a merchant without licence, and that is suf-fficiently charged.
The judgment must therefore be affirmed.
Judge Holmes concurs; Judge Lovelace absent.