Irby v. State
Mississippi Supreme Court
From the circuit court of, first district, Panola county. Hon. James B. Boothe, Judge. Irby, the appellant, was tried and convicted for unlawfully selling whiskey, fined $50, sentenced to jail for sixty days, and appealed to the supreme court. The affidavit charging the offense was made before the mayor of the town of Sardis, Panola county, an ex-officio justice of the peace of the county and was in the following words: “ State of Mississippi, Panola County.
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From the circuit court of, first district, Panola county. Hon. James B. Boothe, Judge. Irby, the appellant, was tried and convicted for unlawfully selling whiskey, fined $50, sentenced to jail for sixty days, and appealed to the supreme court. The affidavit charging the offense was made before the mayor of the town of Sardis, Panola county, an ex-officio justice of the peace of the county and was in the following words: “ State of Mississippi, Panola County. Before me, E. C. Howry, mayor of Sardis and ex-officio justice of the peace of the county aforesaidj appeared C. L. Gordon, who makes…
1Opinion of the CourtWhitfield, C. J.
The court judicially knows that Panola is a dry county, and that a license to sell intoxicating liquors in that county could not be issued, and that there could not have been a lawful sale in the county, since no license could lawfully be granted. State v. Bertrand, 72 Miss., 516; 17 South., 235. It is said that ch. 71, p. 82, of the Laws 1896, makes it lawful for wholesale druggists domiciled and doing business in the state of Mississippi to sell alcohol to retail druggists and physicians in any quantity not less than one gallon without license, and that ch. 100, p. 107, Laws 1896, makes…
2Cases cited1 opinion
- State v. BertrandMississippi Supreme Court · 1895
3Cited by2 opinions
- State v. KusickSupreme Court of Minnesota · 1921
- Gilbert v. StateMississippi Supreme Court · 1945