Harper v. State
Mississippi Supreme Court
From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Harper, the appellant, was indicted, tried, and convicted of the unlawful sale of intoxicating liquor, and appealed to the, supreme court.
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From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Harper, the appellant, was indicted, tried, and convicted of the unlawful sale of intoxicating liquor, and appealed to the, supreme court. The evidence showed that appellant operated under the name of the Jonestown Beer Club, and sold tickets to any one who would pay the money for them, who thus became a member of the club as long as the tickets lasted; that one Stewart paid appellant one dollar, for which he received a ticket which entitled him to eight bottles of beer, upon which four bottles had been…
1Opinion of the CourtTruly, J.
The ingenious defense so plausibly presented in the brief of counsel for appellant is not supported by the testimony. The proof shows that the witness Stewart bought from the appellant eight bottles of beer, paying therefor cash in advance, and receiving as evidence of his purchase a printed ticket or card, representing the amount of beer which the holder was entitled to receive upon presentation of the ticket. The ticket was so arranged that, as each bottle of beer was delivered, a punch hole was made to show that fact. This was a sale, within the meaning of the law. The fact that appellant…
2Cited by1 opinion
- Bennett v. StateMississippi Supreme Court · 1905