Tyler v. State
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. Appellant was convicted on a charge of unlawful retailing. The opinion states the case. But one sale is charged, a sale to two. The proof was of sale to one. This was a fatal variance. State v. Barron, 37 Vt., 57. The like rule applies as iu cases of larceny, where ownership of the property is laid in one, and the evidence shows a joint ownership by such person with another.
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From the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. Appellant was convicted on a charge of unlawful retailing. The opinion states the case. But one sale is charged, a sale to two. The proof was of sale to one. This was a fatal variance. State v. Barron, 37 Vt., 57. The like rule applies as iu cases of larceny, where ownership of the property is laid in one, and the evidence shows a joint ownership by such person with another. McDowell v. State, 68 Miss., 348. It is submitted that it was immaterial to whom liquor was sold. Therefore, it was unnecessary to aver to whom the…
1Opinion of the CourtCooper, J.
There is a fatal variance between the allegations of the indictment and the evidence. The indictment charges that the defendant, in violation of law, sold certain intoxicating liquors to James Robertson and Henry Briner. The evidence is of a sale to Briner alone.
It was unnecessary to charge to whom the sale' was made, since any sale was unlawful; but by charging that the sale for which the indictment was preferred was the one (or some one) to Robertson and Briner, the unnecessary averment became essential, as one descriptive of the offense charged. In the case of John, a slave, v. The State,…
2Cases cited2 opinions
- Dick v. StateMississippi Supreme Court · 1872
- John v. StateCourt of Appeals of Mississippi · 1852
3Cited by10 opinions
- James v. StateMississippi Supreme Court · 1899
- State v. WilliamsSupreme Court of Vermont · 1920
- Rashad J. Smith v. State of MississippiCourt of Appeals of Mississippi · 2019
- State v. FreemanMississippi Supreme Court · 1912
- Hudson v. StateMississippi Supreme Court · 1896
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