Woodall v. State
Mississippi Supreme Court
Appeal from circuit court of Calhoun county. Hon. W. A. Roane, Judge. Lodie Woodall was convicted of the unlawful sale of intoxicating liquor, and he appeals. The learned assistant attorney-general attempts to construe a statute of the state and make a sale and a barter synonymous, and to justify a conviction of a sale when a barter is proved.
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Appeal from circuit court of Calhoun county. Hon. W. A. Roane, Judge. Lodie Woodall was convicted of the unlawful sale of intoxicating liquor, and he appeals. The learned assistant attorney-general attempts to construe a statute of the state and make a sale and a barter synonymous, and to justify a conviction of a sale when a barter is proved. Tliis would be ineffective even if the supreme court of our state had not made a direct holding on this matter but we cited the case of Jones v. The Btate> 66 So. 9-87, so that the attorney-general does not have to get up a construction or go to…
1Opinion of the CourtSmith, C. J.
The appellant was tried and convicted on an indictment charging him with the unlawful sale of intoxicating liquor. The evidence discloses a barter, and not a sale of the liquor, being that the appellant gave the prosecuting witness a pint of whiskey and one dollar in cash in exchange for a hog. An indictment charging a sale is not sustained by proof of a barter. State v. Austin (Miss.), 23 So. 34; Jones v. State, 108 Miss. 530, 66 So. 987, L. R. A. 1915C, 648; Black on Intoxicating Liquors, section 406; 23 Cyc. 181; 17 A. & E. Ency. of Law (2 Ed.), 298. The statute recognizes the difference…
2Cases cited1 opinion
- Jones v. StateMississippi Supreme Court · 1914
3Cited by2 opinions
- Black v. StateMississippi Supreme Court · 1945
- Elkins v. StateMississippi Supreme Court · 1956