Goode v. State
Mississippi Supreme Court
From the circuit court of Tate county. Hon. James B. Boothe, Judge. Goode, the appellant, was indicted and tried for and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The appellant sold a bottle of K. K. K. bitters; the purchaser bought it to drink as a beverage, and testified that it was an intoxicating drink.
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From the circuit court of Tate county. Hon. James B. Boothe, Judge. Goode, the appellant, was indicted and tried for and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The appellant sold a bottle of K. K. K. bitters; the purchaser bought it to drink as a beverage, and testified that it was an intoxicating drink. Goode, the appellant, who was a licensed merchant, kept the bitters on sale as a medicine, made no secret of the fact, never made any inquiry about its effects, and never asked any questions of purchasers as to their intended use of it. The court…
1Opinion of the CourtTruly, J.
The third instruction asked by the defendant was properly refused. It did not state the law. The presumption of law is that every intoxicating liquor sold without authority of a license is in violation of law. TJpon a prosecution for an unlawful sale of intoxicating liquor, the general rule is that the state, by proving the sale and the intoxicating nature of the liquor, makes out a prima facie case authorizing a conviction.
There is, however, a certain class of liquors or preparations which, though intoxicating in their nature, may nevertheless be lawfully sold under certain circumstances by…
2Cases cited1 opinion
- King v. StateMississippi Supreme Court · 1881
3Cited by4 opinions
- Young v. StateMississippi Supreme Court · 1924
- Bacot v. StateMississippi Supreme Court · 1908
- People v. CostelloCalifornia Court of Appeal · 1929
- Young v. StateMississippi Supreme Court · 1924