Legal Opinion

Garfield v. State

Mississippi Supreme Court

Decided March 15, 1917Published

Appeal from the circuit court of Yalobusha county. Hon. W. B. Ecicles, Judge. - Arthur Garfield was convicted of selling intoxicating liquors and appeals. The facts are sufficiently stated in the opinion of the court.

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Appeal from the circuit court of Yalobusha county. Hon. W. B. Ecicles, Judge. - Arthur Garfield was convicted of selling intoxicating liquors and appeals. The facts are sufficiently stated in the opinion of the court. We note that the assistant attorney-general admits that this case comes directly under the provisions of the Luther Jones Case, 66 So. 1915C, page 648; that is, it represents a direct effort to convict on an affidavit charging a sale of liquor on proof of a bona-fide loan. We have only to repeat what we said in the Jones case. That an examination of the few cases that have been…

1Opinion of the CourtCook, P. J.

The appellant, of illustrious name, was convicted by the circuit court of Yalobusha county, upon an affidavit charging him with selling- intoxicating liquor. The evidence for the state and the defendant demonstrates that defendant loaned a colored gentleman, “ Buster Hones” by name, a pint of whiskey. There is no reason to believe that there was a sale. The evidence shows affirmatively and definitely that there was a loan of whiskey.

This case is controlled by Jones v. State, 108 Miss. 530, 66 So. 987, L. R. A. 1915C, 648, and the judgment of the trial court is reversed, and the case dismissed.

2Cases cited1 opinion

  1. Jones v. StateMississippi Supreme Court · 1914

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