Lemly v. State
Mississippi Supreme Court
From the circuit court of the hrst district of Hinds county. Hon. J. B. Ciirisman, Judge. Appellant, Lemly, a druggist, was indicted, presumably under § 1109, code 1880, for unlawfully selling vinous and spirituous liquors — namely, alcohol — in less quantities than one gallon.’ The defense mainly relied on was, that alcohol is not a vinous or spirituous liquor within the meaning of the statute, and that its sale was as a medicine, and, therefore, not unlawful.
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From the circuit court of the hrst district of Hinds county. Hon. J. B. Ciirisman, Judge. Appellant, Lemly, a druggist, was indicted, presumably under § 1109, code 1880, for unlawfully selling vinous and spirituous liquors — namely, alcohol — in less quantities than one gallon.’ The defense mainly relied on was, that alcohol is not a vinous or spirituous liquor within the meaning of the statute, and that its sale was as a medicine, and, therefore, not unlawful. There was a verdict of guilty, and motions for a new trial and in arrest of judgment were overruled; but, as the indictment was one…
1Opinion of the Court
Woods, J.,
made this response to the suggestion of error filed to the former judgment of the court
Section 2314, code of 1880, the same being a part of chapter 63 of the code, entitled “An act in relation to appeals,” gives to any person convicted of any offense in a circuit court, an appeal to the supreme court.
*630The contention is that any person convicted by verdict of a jury may appeal, even before, and in the absence of, any sentence or judgment of the court upon the finding of the jury. Despite the technical refinements of a few courts holding to this, based chiefly upon the distinctions,…
2Cited by7 opinions
- Wilcher v. StateMississippi Supreme Court · 1997
- Beckwith v. StateMississippi Supreme Court · 1992
- Lang v. StateMississippi Supreme Court · 1960
- Bobby Glen Wilcher v. State of MississippiMississippi Supreme Court · 1994
- Bobby Glenn Wilcher v. State of MississippiMississippi Supreme Court · 1994
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