Bertrand v. State
Mississippi Supreme Court
From the circuit court of Perry county. Hon. A. G. Mayers, Judge. The charge against the appellant was selling intoxicating liquor without a license.
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From the circuit court of Perry county. Hon. A. G. Mayers, Judge. The charge against the appellant was selling intoxicating liquor without a license. On the trial, it was shown by a witness for the state that the appellant had sold to him £ £ tincture of ginger; ” that he bought it to drink when diluted; that it was purchased from appellant at his drug store for its intoxicating effects, but that nothing was said about his purpose in buying it; that he could not drink it in its condition at the time of purchase, and, in order to do so, had to dilute it by adding two parts of water to one of…
1Opinion of the CourtWhitfield, J.
The test question in this case was whether the essence or tincture of ginger in this case was a medicine, sold by appellant to Davis as such in good faith, and not as a beverage, or whether it was a sham preparation, disguised as medicine, really an intoxicating liquor, sold as a beverage. If the former, appellant should have been acquitted; if the latter, convicted. The learned court below excluded the testimony of Dr. Stevens and Dr. Grillis, the appellant’s license and certificate of registration as a druggist, and refused, among others, instructions numbered one and three, to the…
2Cases cited3 opinions
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Commonwealth v. RamsdellMassachusetts Supreme Judicial Court · 1881
- King v. StateMississippi Supreme Court · 1881
3Cited by9 opinions
- State v. MillerSupreme Court of Kansas · 1914
- Commonwealth v. SookeyMassachusetts Supreme Judicial Court · 1920
- Young v. StateMississippi Supreme Court · 1924
- Sharp v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Bacot v. StateMississippi Supreme Court · 1908
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