Jackson v. State
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. I. Ballinger, Judge. Eugene Jackson, was convicted of unlawful selling of liquors and appeals. The facts are sufficiently stated in the opinion of the court. The crime of keeping intoxicating liquors for sale, is composed of two separate and distinct elements: first, the physical act of keeping the liquor; and second, the mental intent to sell the liquor. The first was proven, but the second was not.
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Appeal from the circuit court of Harrison county. Hon. J. I. Ballinger, Judge. Eugene Jackson, was convicted of unlawful selling of liquors and appeals. The facts are sufficiently stated in the opinion of the court. The crime of keeping intoxicating liquors for sale, is composed of two separate and distinct elements: first, the physical act of keeping the liquor; and second, the mental intent to sell the liquor. The first was proven, but the second was not. This court has repeatedly held, by a long line of decisions, that the mere possession of any quantity of intoxicating liquor does not…
1Opinion of the CourtReed, J.
The affidavit, made in the court of a justice of the peace against appellant, charges that he “did unlawfully keep intoxicating liquors for sale.” The evidence shows that he had such liquors in his possession, but fails to show that he kept the liquors for sale. The proof of possession of liquors, without proof evidencing the purpose of selling or giving away the same in violation of law, is not sufficient for conviction, under the holding of this court in the eases of Stansbury v. State, 98 Miss. 406, 53 So. 783, McComb City v. Hill, 100 Miss. 193, 56 So. 346, 39 L. R. A. (N. S.), 534, and…
2Cases cited3 opinions
- Byrd v. City of HazlehurstMississippi Supreme Court · 1911
- McComb City v. HillMississippi Supreme Court · 1911
- Stansbury v. StateMississippi Supreme Court · 1910