Kittrell v. State
Mississippi Supreme Court
From tbe circuit court of Greene county. ITon. William H. Hardy, Judge. Kittrell, tbe appellant, and a negro named Johnson were jointly indicted, and appellant was separately tried and convicted for unlawfully selling intoxicants, fined $500, and appealed to the supreme court. Appellant carried on a mercantile business in the village of State Line, but was absent from his store a considerable part of the time.
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From tbe circuit court of Greene county. ITon. William H. Hardy, Judge. Kittrell, tbe appellant, and a negro named Johnson were jointly indicted, and appellant was separately tried and convicted for unlawfully selling intoxicants, fined $500, and appealed to the supreme court. Appellant carried on a mercantile business in the village of State Line, but was absent from his store a considerable part of the time. The indictment, returned at the March, 1905, term of court, charged that Johnson and Kittrell in said county on the first day of March, A. D. 1905, did unlawfully sell intoxicating…
1Opinion of the CourtCalhoon, J.
The indictment is based solely on the ground that the defendant “did unlawfully sell and retail intoxicating liquors without license.” When this trial was had (August, 1906) it was well settled that the defendant had the right to demand that the court *670compel the state to elect the particular sale on which it relied, and confine its testimony to that. The following are some of the cases so holding: Ware v. State, 71 Miss., 204 (s.c., 13 South. Rep., 936); King v. State, 66 Miss., 508 (s.c., 6 South. Rep., 188); Bailey v. State, 67 Miss., 334 (s.c., 7 South. Rep., 348) ; Newman v. State, 72…
2Cases cited5 opinions
- King v. StateMississippi Supreme Court · 1889
- Wynn v. State.Mississippi Supreme Court · 1885
- Naul v. McComb CityMississippi Supreme Court · 1893
- Beck v. StateMississippi Supreme Court · 1891
- Ware v. StateMississippi Supreme Court · 1893
3Cited by6 opinions
- Callahan v. StateMississippi Supreme Court · 1982
- State v. LabellaMississippi Supreme Court · 1970
- State v. KnutsonIdaho Supreme Court · 1929
- Smith v. StateMississippi Supreme Court · 1974
- Bailey v. StateMississippi Supreme Court · 1926
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