Legal Opinion

Johns v. State

Mississippi Supreme Court

Decided October 15, 1900PublishedCited by 8 opinions

From the circuit court, first district, of Chickasaw county. Hon. Eugene O. Sxices, Judge. Johns, the appellant, was defendant in the court below, and appealed to the supreme court from a judgment convicting him of unlawfully selling whisky. The opinion states the case. The verdict is too uncertain upon which to predicate á conviction. The indictment charged appellant with unlawfully selling whisky on October 2, 1899, in the first district of Chickasaw county.

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From the circuit court, first district, of Chickasaw county. Hon. Eugene O. Sxices, Judge. Johns, the appellant, was defendant in the court below, and appealed to the supreme court from a judgment convicting him of unlawfully selling whisky. The opinion states the case. The verdict is too uncertain upon which to predicate á conviction. The indictment charged appellant with unlawfully selling whisky on October 2, 1899, in the first district of Chickasaw county. The verdict does not find him guilty as charged, but, by implication rather, finds to the contrary. It says he is “ guilty of aiding…

1Opinion of the CourtTerral, J.

The appellant was indicted in the circuit court of Chickasaw county, first district, for the sale of vinous and spirituous liquors without license. The court instructed the jury that if they believed from the evidence, beyond all reasonable doubt, that the defendant sold the whisky as charged, or in any way aided and abetted in making the sale, they should convict, whereupon the jury returned this verdict: “We, the jury, find the defendant guilty of aiding selling whisky. ’ ’

It is urged that the verdict is insufficient to support a judg ■ ment. At common law there are no accessories or…

2Cited by8 opinions

  1. State v. LabellaMississippi Supreme Court · 1970
  2. Henson Ford, Inc. v. CrewsMississippi Supreme Court · 1964
  3. Hill v. Columbus Ice Cream & Creamery Co.Mississippi Supreme Court · 1957
  4. Illinois Central RR Co. v. PerkinsMississippi Supreme Court · 1955
  5. Hathorn v. StateMississippi Supreme Court · 1963

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