Marsalis v. State

Dissenting Opinion.

Anderson, J.,

delivered a dissenting opinion.

The state’s witness Barlow bought from the appellant and paid him therefor the whisky which was the basis of the indictment and conviction in this case. He was employed by the sheriff of the county to make the purchase and furnished by that officer with the money with which to pay for the whisky. Under Section 1990 of the Code of 1930 Barlow was guilty of a crime. That statute is in this language: “If any person shall act as agent or assistant of either the seller or purchaser, in effecting the sale of any liqnor, bitters or…