Simmons v. State
Mississippi Supreme Court
Appeal from the circuit court of Pike county. Hon. D. M. Miller, Judge. Emmett Simmons was convicted of acting as agent for the purchase of intoxicating liquor and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Pike county. Hon. D. M. Miller, Judge. Emmett Simmons was convicted of acting as agent for the purchase of intoxicating liquor and appeals. The facts are fully stated in the opinion of the court. Instruction number five present's our view of the law of this case, and that is, if Ehymes and Simmons each contributed seventy-five cents for the purpose of buying one quart of whiskey and both went after it and bought and drank it, then under the law, and the facts of this .case, no crime has been committed. It makes no difference which one, Ehymes or Simmons, paid…
1Opinion of the CourtReed, J.
Appellant was indicted for acting as agent of the buyer in the unlawful sale of intoxicating liquor. The indictment is under section 1771 of the Code of 1906, which declares that any person who acts as agent or assistant of either the seller or purchaser in effecting the sale of liquor is guilty of a misdemeanor. It appears from the testimony of the state that Alcus Rhymes gave appellant seventy-five cents, and that appellant contributed seventy-five cents himself, and then went to the house of Clemens Magee and purchased a bottle of whiskey for the price of one dollar and fifty cents. Rhymes…
2Cited by2 opinions
- Walters v. StateMississippi Supreme Court · 1921
- Horton v. StateMississippi Supreme Court · 1913