Fairly v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Harrison County. Hon. S. H. Terral, Judge. Samuel Fairly was indicted for selling liquor in a less quantity than one gallon without a license. It was shown that he had sold “ Hickory ” and “ Garrie Owen ” bitters.
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Appeal from the Circuit Court of Harrison County. Hon. S. H. Terral, Judge. Samuel Fairly was indicted for selling liquor in a less quantity than one gallon without a license. It was shown that he had sold “ Hickory ” and “ Garrie Owen ” bitters. The defendant in his third instruction proposed asked the court to instruct the jury “ That the State is bound to prove before they can find the defendant guilty that either the Hickory bitters or the Garrie Owen bitters was spirituous liquors.” The court refused' to give this instruction as asked, but amended it by adding the words, “ and evidence…
1Opinion of the CourtArnold, J.
The court was requested to instruct the jury for appellant, “ That the State is bound to prove before they can find the defendant 'guilty that either the Hickory bitters or the Garrie Owens bitters was spirituous liquors.” The court refused this instruction, but gave it to the jury after adding to it these words : “And evidence that the witness, Sam Davis, was made drunk by the use of the bitters, is proof that it was spirituous liquors.” To this action of the court the appellant objected, and there was good reason to object. The instruction as modified and given was a charge as to the weight…
2Cases cited1 opinion
- Easterling v. StateMississippi Supreme Court · 1858
3Cited by2 opinions
- Miller v. StateMississippi Supreme Court · 1913
- Forbert v. StateMississippi Supreme Court · 1937