Bacot v. State
Mississippi Supreme Court
Prom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Bacot, appellant, was indicted and tried for the unlawful sale of intoxicating liquors, convicted, fined, sentenced to imprisonment, and appealed to the supreme court The evidence for the state showed that appellant sold a beverage, kept by him in a barrel in his store, called “Phosphate;” that it intoxicated, those who drank it.
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Prom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Bacot, appellant, was indicted and tried for the unlawful sale of intoxicating liquors, convicted, fined, sentenced to imprisonment, and appealed to the supreme court The evidence for the state showed that appellant sold a beverage, kept by him in a barrel in his store, called “Phosphate;” that it intoxicated, those who drank it. The appellant did not deny selling the beverage, but testified that during the time he sold it he did not know that it was intoxicating in its effects. As evidence of his good faith he sought to…
1Opinion of the Court
Fletcher, J".,
delivered the opinion of the court.
This case is totally unlike the cases of King v. State, 58 Miss. 737, 38 Am. Rep. 344; Bertrand v. State, 73 Miss. 51, 18 South. 545, and Goode v. State, 87 Miss. 495, 40 South. 12, cases dealing with the sale of compounds to be used exclusively for medical purposes. In that class of cases the substance was not offered for sale as a beverage, but as a medicine, and the good faith of the merchant was properly in issue. But in this case the so-called “phosphate” was kept for sale and sold as á beverage, and in such cases the seller must take the…
2Cases cited3 opinions
- King v. StateMississippi Supreme Court · 1881
- Bertrand v. StateMississippi Supreme Court · 1895
- Goode v. StateMississippi Supreme Court · 1905
3Cited by6 opinions
- Jones v. StateMississippi Supreme Court · 1973
- French v. StateMississippi Supreme Court · 1928
- Booth v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- Edwards v. City of GulfportMississippi Supreme Court · 1909
- State v. MoserWashington Supreme Court · 1917
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