Dantzler v. State
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. Paul B>. Johnson, Judge. Clem Dantzler was convicted of unlawful retailing and appeals. Appellant was indicted for the unlawful sale of intoxicating, liquors.
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Appeal from the circuit court of Forrest county. Hon. Paul B>. Johnson, Judge. Clem Dantzler was convicted of unlawful retailing and appeals. Appellant was indicted for the unlawful sale of intoxicating, liquors. His theory of the case was that he and other parties had all chipped in to order a keg of beer and that the price thereof was prorated among them, and that the other parties handed him their pro rata share, and he ordered the beer from New Orleans, La., to be shipped to Hattiesburg, Miss., and sent the money collected by bim in payment therefor, and that when the beer arrived he took…
1Opinion of the Court
Smith, O. J.,
delivered the opinion of the court.
The court below, in refusing to grant the second instruction requested by appellant, committed fatal error, as will appear from an examination of Page v. State, 59 South. 884, Johnson v. State, 63 Miss. 228, and Pearson v. State, 66 Miss. 510, 6 South. 243, 4 L. R. A. 835.
Reversed and remanded.
2Cases cited3 opinions
- Johnson v. StateMississippi Supreme Court · 1885
- Pearson v. StateMississippi Supreme Court · 1889
- Page v. StateMississippi Supreme Court · 1912