33 Mo. App. 524 | Mo. Ct. App. | 1889
Defendant, a physician, was convicted on an indictment under act of March 24, 1887 (Laws 1887, p. 214) for issuing the following prescription, to-wit ;
“Take this to
Jas. L. Mitchell,
Druggist and Pharmacist,
Stockton, Missouri.
For T. B. Perry. 1 Spts Fermentó, O. S. S. Strictly for Medical use.
E. D. Roberts, M. D.
No. 1461. Date 10-11, 1887.”
On trial the state introduced Jas. L. Mitchell, whose, testimony tended to show that “the defendant had issued thirty or thirty-five other prescriptions to other parties about the time of the one to witness, Thomas Perry.” The state then introduced D. White, whose testimony tended to show “ that said White sent his brother to defendant and procured a prescription.” The state then introduced R. A. Brown who testified as to “the number of prescriptions the defendant issued and was filed at his drug-store for whiskey to other-parties than witness, Thomas Perry.” This testimony was ■ objected to on the ground that proof of other offenses ought not to .be admitted in a trial for this specific offense, and that it was irrelevant to the issue.
The indictment was sufficient. The judgment is reversed and the cause is remanded.