Legal Opinion

Fuller v. City of Jackson

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 16 opinions

From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Fuller, appellant, was convicted in the municipal court of Jackson, in two cases, of unlawfully selling intoxicating liquors violation of a city ordinance; he appealed both cases to the circuit court where he was tried de novo in each case and was again convicted in each of them, and he appealed in each of them to the supreme court.

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From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Fuller, appellant, was convicted in the municipal court of Jackson, in two cases, of unlawfully selling intoxicating liquors violation of a city ordinance; he appealed both cases to the circuit court where he was tried de novo in each case and was again convicted in each of them, and he appealed in each of them to the supreme court. The facts as stated by Anderson, J., were as follows: These cases, being governed by practically the same principles, are considered together. The defendant was convicted in two…

1Opinion of the CourtAnderson, J.

The paragraph of section 1746 of the Code of 1906, which is the ordinance of the city under which the defendant was convicted, is as follows: “If any person shall (a) sell or barter, or give away to induce trade, or keep for sale or barter, or to be *248given away to induce trade, any vinous, alcoholic, malt, intoxicating, or spirituous liquors, or intoxicating bitters, or other drinks, which if drank to excess will produce intoxication, in any quantity less than one gallon, without having a license therefor in pursuance of this chapter,” etc. The language, “which if drank to excess will produce…

2Cases cited3 opinions

  1. Marks v. StateSupreme Court of Alabama · 1909
  2. Reyfelt v. StateMississippi Supreme Court · 1895
  3. Edwards v. City of GulfportMississippi Supreme Court · 1909

3Cited by16 opinions

  1. Munford, Inc. v. PetersonMississippi Supreme Court · 1979
  2. Alexander v. GravesMississippi Supreme Court · 1937
  3. State v. HemrichWashington Supreme Court · 1916
  4. Bratberg v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931
  5. City of Amory v. YieldingMississippi Supreme Court · 1948

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