Bailey v. State
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Ci-irisman, Judge. The indictment in this case averred that appellant wilfully and unlawfully sold spirituous and intoxicating liquors within five miles of the corporate limits of the towns of Wesson and Beauregard, in the county of Copiah.
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From the circuit court of Copiah county. Hon. J. B. Ci-irisman, Judge. The indictment in this case averred that appellant wilfully and unlawfully sold spirituous and intoxicating liquors within five miles of the corporate limits of the towns of Wesson and Beauregard, in the county of Copiah. The only witness whose name appears upon the indictment, and the only witness who was examined by the state, was one Quarrels who testified that in April, 1888, he bought a half pint of whisky from appellant within five miles of the towns of Wesson and Beauregard, and paid twenty-five cents therefor. The…
1Opinion of the CourtCampbell, J.
The appellant was perhaps convicted of an offense for which he was not indicted. It is manifest that he was indicted for selling whisky on an occasion known to and testified of by Quarrels; and, on cross-examination by the district-attorney, he was made to testify as to a transaction with respect to whisky, for which he may have been convicted, which was another and different occasion from that testified to by Quarrels. It is impossible to determine to which *335occasion the verdict relates. The interrogation of the defendant as to an occasion different from that sworn to by Quarrels should not…
2Cases cited1 opinion
- King v. StateMississippi Supreme Court · 1889
3Cited by7 opinions
- Brent v. StateMississippi Supreme Court · 1994
- State v. ShockleyUtah Supreme Court · 1905
- State v. La MontSouth Dakota Supreme Court · 1909
- Thompson v. United StatesCourt of Appeals for the D.C. Circuit · 1908
- Ellis v. StateCourt of Appeals of Mississippi · 2003
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