Cagle v. State
Mississippi Supreme Court
Appeal from the circuit court of Alcorn county. HoN. Claude ClaytoN, Judge. Frank Cagle was convicted of the unlawful,sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. When the state rested its case the appellant moved the court to require the state to elect on which sale it would aslc a conviction. This motion the court overruled.
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Appeal from the circuit court of Alcorn county. HoN. Claude ClaytoN, Judge. Frank Cagle was convicted of the unlawful,sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. When the state rested its case the appellant moved the court to require the state to elect on which sale it would aslc a conviction. This motion the court overruled. The conviction could not have rested and been sustained on the testimony of Deloach for it had failed to show by him that the sale took place inside the corporate limits and had also failed to show by him that the…
1Opinion of the Court
Cook, J.,
delivered the opinion of the court..
Appellant was convicted for the unlawful sale of intoxicating liquors. The prosecution was begun before the mayor of the city of Corinth, as ex officio justice of the peace, and from a conviction in that court an appeal was taken to the circuit court, which court also convicted appellant; wherefore this appeal.
The state relied on several sales to different persons. C. A. Deloach, one of the state’s witnesses, testified that he bought from appellant a pint of whisky. It is contended by appellant, and we think correctly, that this witness did not fix…
2Cited by9 opinions
- Crum v. StateMississippi Supreme Court · 1953
- Quillen v. StateMississippi Supreme Court · 1914
- Slaton v. StateMississippi Supreme Court · 1924
- Dorsey v. StateMississippi Supreme Court · 1926
- Nuckolls v. StateMississippi Supreme Court · 2015
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