King v. State
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. The appellant was indicted under a local act of the legislature approved February 29,1889, entitled, “ An act to prohibit the sale of intoxicating liquors in supervisor’s district, number one, Copiah county, Mississippi.”
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From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. The appellant was indicted under a local act of the legislature approved February 29,1889, entitled, “ An act to prohibit the sale of intoxicating liquors in supervisor’s district, number one, Copiah county, Mississippi.” Section one of that act is as follows: “ That hereafter it shall be unlawful for any person to sell or give away in any public place, or for the purpose of inducing trade, any intoxicating or malt liquors, or any kind of bitters, in any quantity whatever, in supervisor’s district, number one, Copiah…
1Opinion of the CourtArnold, C. J.
The indictment is sufficient. It was not necessary to allege in it, that the sale was made in a public place, or for the purpose of inducing trade.
Manifestly, the act of 1888, on which the indictment was framed, prohibits selling, whether in a public or private place, and without reference to the purpose for which the sale may be made.. The terms “ public place,” and “ inducing trade,” used in the statute, apply to giving away, and not to selling.
After the state had proved distinctly, one unlawful sale, it was-error to admit testimony of other and different sales. The general rule is, that…
2Cases cited4 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- State v. CrimminsSupreme Court of Kansas · 1884
- Lebkovitz v. StateIndiana Supreme Court · 1887
- Knight v. StateMississippi Supreme Court · 1887
3Cited by39 opinions
- West v. StateMississippi Supreme Court · 1985
- Smith v. StateMississippi Supreme Court · 1986
- Cardwell v. StateMississippi Supreme Court · 1984
- Clark v. StateMississippi Supreme Court · 1938
- Hawkins v. StateMississippi Supreme Court · 1955
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