State v. Jacobs

Criminal Practice — Indictment—Merchant.—An indictment charging that the defendant did unlawfully deal as a merchant at a certain store, and did then and there sell divers goods, &c. — to-wit; one coat — to J. S., for the sum of, &c., without having any merchant’s licence, or any legal authority therefor, is sufficient. The offence consists in the dealing as a merchant without a licence — State v. Willis, 37 Ho. 192.

Appeal from Greene Circuit Cowl. The defendant was indicted in the Circuit Court of Greene County for dealing as a merchant without a licence. The indictment charged that the defendant “ did then and there unlawfully deal as a merchant at a certain store, and did then and there sell divers goods, wares and merchandise, to-wit, one black coat, to John H. Lee, for the sum of six dollars, without then and there having a merchant’s licence, or any other legal authority therefor.” The defendant demurred to the indictment. I. The indictment does not charge that the store was “ occupied ” for the purpose of selling goods — State v. Martin, 6 Mo. 361. II. The indictment charges but one act of selling; this does not constitute a merchant — State v. Whittaker, 33 Mo. 457; State v. Martin, 5 Mo. 361. ■ III. Indictments based upon statutes must conform to the acts under which they are drawn — State v.. Helm, 6 Mo. 263, and cases there cited ; State v. Mitchell, 25 Mo. 420; State v. Fleetwood, 16 Mo. 448. referred to State v. Willis, 37 Mo. 192.