137 Mo. App. 620 | Mo. Ct. App. | 1909
(after stating the facts).— Many points are urged in this court against the information and the verdict, among others, that the information is fatally defective in that it does not inform the defendant of the nature and character of the offense with which he stands charged, thus denying him his constitutional right. No point of this kind appears to have been made in the lower court and, beyond the statement of the point, it is not argued before us in the very elaborate brief of the learned counsel for the defendant. We cannot notice that proposition here, for, if it arose on the record, the case would not be within our jurisdiction.
The remaining points and the weight of the argument, are directed to the proposition that the statute announces various distinct offences, which must be separately stated, and cannot be included in one count, and because the verdict is not responsive to the charge. The proceeding is under that part of section 3018, Revised Statutes 1899, which provides that it shall be unlawful for any dramshop-keeper “to set up, keep, use