Davenport v. State
Mississippi Supreme Court
■Appeal from the circuit court oí Tishomingo county. Hon. C. P. Long, judge. N. C. Davenport was convicted of unlawfuly selling intoxicating liquors and appeals. The facts are fully stated in the opinion of the court.
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■Appeal from the circuit court oí Tishomingo county. Hon. C. P. Long, judge. N. C. Davenport was convicted of unlawfuly selling intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. Section -793, Code of 1906, says the Judge in any cause, civil or criminal, shall not sum up or comment on -the testimony or charge the jury as to the weight of evidence, but at the request of either party, he shall instruct the jury upon the principles of law applicable to the case. In the case of Montgomery v. The State, 85 Miss. 330, 38 So. 335, the supreme court in passing…
1Opinion of the CourtEthridge, J.
The appellant was indicted in a justice of the peace court for unlawfully selling vinous, malt, spirituous, alcoholic, and intoxicating liquors. The date of the offense was charged in the affidavit to be the 8th day of February, 1919. There was a conviction in the justice court and an appeal taken to the circuit court, where appellant was again tried and convicted and sentenced to pay a fine of one hundred dollars and serve sixty days in jail, fifty dollars of the fine to be suspended during-good behavior. During the first part of the trial the state adhered to one sale, but during the course…
2Cases cited9 opinions
- Pringle v. StateMississippi Supreme Court · 1914
- Watkins v. StateMississippi Supreme Court · 1882
- Johnson v. StateMississippi Supreme Court · 1913
- L. J. Alford Lumber Co. v. RaglandMississippi Supreme Court · 1913
- Montgomery v. StateMississippi Supreme Court · 1904
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3Cited by5 opinions
- Newell v. StateMississippi Supreme Court · 1975
- Tatum v. StateMississippi Supreme Court · 1926
- Nelson v. StateMississippi Supreme Court · 1922
- McLeod v. StateMississippi Supreme Court · 1922
- Cosey v. StateMississippi Supreme Court · 1931