Gillespie v. State
Mississippi Supreme Court
Fbom the circuit court of, first district, Hinds county. IIoN. Wiley Ií. Potteb, Judge. Madame Gillespie, appellant, was indicted, and tried for and convicted of unlawfully selling intoxicating liquors and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
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Fbom the circuit court of, first district, Hinds county. IIoN. Wiley Ií. Potteb, Judge. Madame Gillespie, appellant, was indicted, and tried for and convicted of unlawfully selling intoxicating liquors and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. Appellant was indicted for unlawfully selling intoxicating liquors; she was convicted upon testimony showing nothing more than that she was found in possession of appliances adapted to the dram-shop' business. The Statute Laws 1908, ch. 115, p. 116, sec. 1747, makes the facts proved presumptive…
1Opinion of the Court
Mates, J".,
delivered the opinion of the court.
Under section 1747, c. 115, p. 117, of the Acts of 1908, the-verdict of the jury was fully warranted by the proven facts-This section provides, among other things, that the fact that any person has in his possession appliances adapted to retailing, liquors shall be presumptive evidence that the person owning- or controlling the appliances is engaged in selling or bartering intoxicating liquors in violation of the law. The above proof' was made before the jury, and the court then instructed that if the jury believed from the evidence beyond a…
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