Hart v. State
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Hart, the appellant, was indicted, tried, and convicted for acting as the agent of the seller in effecting the unlawful sale of whisky in the city of Brookhaven — the sale of intoxicants being prohibited in Lincoln county, wherein Brookhaven is situate and of which it is the county seat — and appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Hart, the appellant, was indicted, tried, and convicted for acting as the agent of the seller in effecting the unlawful sale of whisky in the city of Brookhaven — the sale of intoxicants being prohibited in Lincoln county, wherein Brookhaven is situate and of which it is the county seat — and appealed to the supreme court. The facts are stated in the opinion of the court. The statute on which the prosecution was based is in the following words: “1604. Acting as Agent, etc. (Laws 1890, p. 71). — If any person shall act…
1Opinion of the Court
Truly, <T.,
delivered the opinion of the court.
We experience no difficulty in arriving at the conclusion that Code 1892, § 1601, is a legitimate and valid expression of legislative will. It is the universally accepted rule of statutory construction that no act of the legislature will be condemned as violative of or repugnant to the fundamental law unless it manifestly be in palpable conflict with some plain provision of the state or federal constitution; and, as such conflict is not to be implied, it is the duty of the court, whenever possible, to' give every expression of legislative will…
2Cases cited17 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Leisy v. HardinSupreme Court of the United States · 1890
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- In Re RahrerSupreme Court of the United States · 1891
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3Cited by29 opinions
- Frazier v. State by and Through PittmanMississippi Supreme Court · 1987
- In Interest of TLCMississippi Supreme Court · 1990
- Burrell v. Mississippi State Tax Com'nMississippi Supreme Court · 1988
- Ryals v. PigottMississippi Supreme Court · 1990
- Matter of Estate of SmileyMississippi Supreme Court · 1988
24 more not listed; retrieve them via the Exa API.