Bennett v. State
Mississippi Supreme Court
From the circuit court of Madison county. Iíon. David M. Miller, Judge. Bennett, the appellant, was indicted and tried for and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The state’s witnesses went to appellant and asked hinr for some whisky. Tie replied that he had none, but thought he could help them out in getting it. He then wrote his name on a blank piece of paper, which he delivered to these witnesses.
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From the circuit court of Madison county. Iíon. David M. Miller, Judge. Bennett, the appellant, was indicted and tried for and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The state’s witnesses went to appellant and asked hinr for some whisky. Tie replied that he had none, but thought he could help them out in getting it. He then wrote his name on a blank piece of paper, which he delivered to these witnesses. They carried the paper to the agent of an express company and delivered it to him, together with some money, three and one-half dollars, and four…
1Opinion of the CourtTbuiy, J.
This case presents for consideration the latest subterfuge contrived in an abortive effort to evade the laws forbidding the unlawful sale of intoxicating liquors. Under the undisputed facts of this case, appellant was rightfully convicted — not because of any supposed operation of Code 1892, § 1604 (for that section has no application here), but because by his acts and conduct he made himself a principal, by operation of that immutable rule which makes every one who aids, abets, or participates in the commission of a misdemeanor guilty as a principal. Wiley v. State, 74 Miss., 727 (21 South.…
2Cases cited4 opinions
- Johns v. StateMississippi Supreme Court · 1900
- Wiley v. StateMississippi Supreme Court · 1897
- Wortham v. StateMississippi Supreme Court · 1902
- Harper v. StateMississippi Supreme Court · 1904