Legal Opinion · Dissent

Fuller v. City of Jackson

Mississippi Supreme Court

Decided March 15, 1910Published

From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Fuller, appellant, was convicted in the municipal court of Jackson, in two cases, of unlawfully selling intoxicating liquors violation of a city ordinance; he appealed both cases to the circuit court where he was tried de novo in each case and was again convicted in each of them, and he appealed in each of them to the supreme court.

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From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Fuller, appellant, was convicted in the municipal court of Jackson, in two cases, of unlawfully selling intoxicating liquors violation of a city ordinance; he appealed both cases to the circuit court where he was tried de novo in each case and was again convicted in each of them, and he appealed in each of them to the supreme court. The facts as stated by Anderson, J., were as follows: These cases, being governed by practically the same principles, are considered together. The defendant was convicted in two…

1Dissent

Smith, J.,

delivered the following dissenting opinion.

I feel constrained to differ with both of my Brethren in the construction put by them upon the statute in question. When this statute was under review in Reyfelt v. State, 73 Miss. 416, 18 South. 925, this court said: “The statute, for a violation of which the appellant was convicted, makes it unlawful to sell, inter alia, any ‘vinous or alcoholic’ liquor. The defendant sold home-made wine made from the grape and from blackberries, which wine he and his witnesses swore would not intoxicate. ITe asked the court to instruct the jury to…

2Cases cited9 opinions

  1. State v. FredericksonSupreme Judicial Court of Maine · 1905
  2. Sawyer v. BottiSupreme Court of Iowa · 1910
  3. State v. O'ConnellSupreme Judicial Court of Maine · 1904
  4. United States v. CohnCourt Of Appeals Of Indian Territory · 1899
  5. State ex rel. Guilbert v. KauffmanOhio Supreme Court · 1903

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