Miller v. State
Mississippi Supreme Court
Appeal from the circuit court of Winston county. Hon. J. A. Teat, Judge. Jim Miller was convicted of the unlawful sale of cocaine and appeals. The facts are sufficiently stated in the opinion of the court.
Read the full summary
Appeal from the circuit court of Winston county. Hon. J. A. Teat, Judge. Jim Miller was convicted of the unlawful sale of cocaine and appeals. The facts are sufficiently stated in the opinion of the court. It will be seen that this is a conviction under Chapter 186, Acts 1910,. for the unlawful sale of cocaine. ■ It will also be seen that the defendant was tried without the aid of counsel, and that counsel first appeared in the case upon the presentation of a motion for a new trial. = The motion should have been sustained, because the required elements of said act and of the indictment…
1Opinion of the CourtSmith, C. J.
This is an appeal from a conviction for an unlawful sale of cocaine.
Appellant’s complaint is that the state failed to prove that the person to whom the sale was made was not a regular licensed physician or dentist, and that the sale was not made upon a physician’s prescription. If this sale was made upon the prescription of a physician, that fact lies peculiarly within the knowledge of the defend*781ant, and, consequently, it devolves upon him, and not upon the state, to establish it. Easterling v. State, 35 Miss. 210; Thomas v. State, 37 Miss. 353; Fairly v. State, 63 Miss. 333.
There was no…
2Cases cited3 opinions
- Easterling v. StateMississippi Supreme Court · 1858
- Thomas v. StateMississippi Supreme Court · 1872
- Fairly v. StateMississippi Supreme Court · 1885
3Cited by6 opinions
- Bryant v. StateMississippi Supreme Court · 1983
- Hicks v. StateMississippi Supreme Court · 2007
- Estes v. StateCourt of Appeals of Mississippi · 2000
- Smith v. StateMississippi Supreme Court · 1988
- Heidelberg v. StateMississippi Supreme Court · 1973
1 more not listed; retrieve them via the Exa API.