Reyfelt v. State
Mississippi Supreme Court
From the circuit court of the second district of Carroll county. Hon. C. H. Campbell, Judge. The statute in question is as follows: “1592. Penalty for selling liquor without a license. -^-If any person shall sell or barter or give away to induce trade, any vinous, alcoholic, malt, intoxicating or spirituous liquors, or intoxicating bitters or other drinks which, if drunk to excess, will produce intoxication, in any quantity less than one gallon, without having a license…
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From the circuit court of the second district of Carroll county. Hon. C. H. Campbell, Judge. The statute in question is as follows: “1592. Penalty for selling liquor without a license. -^-If any person shall sell or barter or give away to induce trade, any vinous, alcoholic, malt, intoxicating or spirituous liquors, or intoxicating bitters or other drinks which, if drunk to excess, will produce intoxication, in any quantity less than one gallon, without having a license therefor in pursuance of this chapter,” etc. The opinion states the case presented by the record. The evidence shows that…
1Opinion of the CourtCooper, C. J.
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 homemade wine made *417from tbe grape and from blackberries, which wine he and his witnesses swore would not intoxicate. He asked the court to instruct the jury to acquit, if it believed from the evidence the wine would not produce intoxication. This the court declined to do, but charged the jury to convict if the sale of wine was proved. This action of the court was correct. The legislature believing in chemistry, and that the process…
2Cited by11 opinions
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