Fahey v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Pike County. Hon. J. B. Chrisman, Judge. John Fahey and John McNamee were jointly indicted for selling vinous and spirituous liquor to William- Lenoir, a minor. The evidence at the trial showed that Fahey was the licensed owner of a saloon, and McNamee, his clerk, when the latter in his capacity of elerlc in such saloon sold a drink of whisky to the minor, Lenoir.
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Appeal from the Circuit Court of Pike County. Hon. J. B. Chrisman, Judge. John Fahey and John McNamee were jointly indicted for selling vinous and spirituous liquor to William- Lenoir, a minor. The evidence at the trial showed that Fahey was the licensed owner of a saloon, and McNamee, his clerk, when the latter in his capacity of elerlc in such saloon sold a drink of whisky to the minor, Lenoir. The first instruction given for the State was in these words: -“Themourt instructs the jury that it is immaterial whether the liquor was sold by John Fahey or John McNamee, without Fahey’s .knowledge…
1Opinion of the CourtCampbell, C. J.
Section 1112 of the code subjects to its penalty the violator of any provision of the act of which it is a part, “and also any person who may own or have any interest in any vinous or spirituous liquor sold contrary to this act,” and § 1115 prescribes a penalty for selling to a minor. He who sells vinous or spirituous liquor to a minor incurs the penalty of § 1115, while § 1112 prescribes the penalty for the owner or person interested in the liquor thus unlawfully sold. Section 1112 makes the owner or person having any interest in any liquor sold contrary to any provision of the act of which…
2Cited by4 opinions
- Ritcher v. StateMississippi Supreme Court · 1885
- Thurman v. AdamsMississippi Supreme Court · 1903
- Ollre v. StateCourt of Criminal Appeals of Texas · 1909
- Ollre v. StateCourt of Criminal Appeals of Texas · 1909