State v. Garner

SUMMERS, Justice.

James Robinson (Robertson) and his wife, Mary, operate a saloon at 2012 Erato Street, New Orleans. On December 6, 1958, Mary Robinson placed a half-pint bottle of whiskey on the bar at the request of customers then patronizing the establishment. Robert Garner and Frank Hood, a companion, were also customers in the bar, though disassociated from the others, and Garner proceeded to help himself to some of the whiskey from the half pint. He was admonished not to do so by Robinson or his wife whereupon words ensued between them and Robinson ordered Garner and Hood to leave the…