Newman v. State
Mississippi Supreme Court
Feom the circuit court of the second district of Panola county. HoN. Eugene JOHNSON, Judge. Appellant was indicted for unlawfully selling intoxicating liquors. The indictment is in the usual form, and alleged that appellant “ on the tenth of October, A.D. 1893, did unlawfully sell vinous, spirituous and intoxicating liquors in less quantities than one gallon, without having obtained a license, ’ ’ etc.
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Feom the circuit court of the second district of Panola county. HoN. Eugene JOHNSON, Judge. Appellant was indicted for unlawfully selling intoxicating liquors. The indictment is in the usual form, and alleged that appellant “ on the tenth of October, A.D. 1893, did unlawfully sell vinous, spirituous and intoxicating liquors in less quantities than one gallon, without having obtained a license, ’ ’ etc. On the trial the state directed its evidence to a sale alleged to have been made at a certain barber shop. The accused then introduced two members of the grand jury which returned the…
1Opinion of the CourtWoods, J.
The action of the court below in excluding the evidence of the defendant’s witnesses, Flint and Armstrong, members of the grand jury Avhich returned the indictment in this case, and in refusing the instructions pointing to that evidence, was correct. The offense charged was a sale of liquors unlawfully to anyone, and not a sale to one particular person, and the case was made out by satisfactory proof of any sale within two years before the date of the finding of the indictment, and within the county named. Whether the sale was made to one person or another is wholly immaterial. The offense is…
2Cases cited3 opinions
- State v. FowlerSupreme Court of Iowa · 1879
- Rocco v. StateMississippi Supreme Court · 1872
- Spratt v. StateSupreme Court of Missouri · 1843
3Cited by1 opinion
- Fowler v. StateMississippi Supreme Court · 1909