Payne v. State
Mississippi Supreme Court
Appeal from chancery court of Lee county. Hon. A. J. McIntyre, Chancellor. Suit by the state against R. S. Payne for the abatement of a nuisance. Judgment for complainant, and defendant appeals.
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Appeal from chancery court of Lee county. Hon. A. J. McIntyre, Chancellor. Suit by the state against R. S. Payne for the abatement of a nuisance. Judgment for complainant, and defendant appeals. We desire to call the court’s attention to the failure of appellee’s brief to distinguish between “spirituous” liquor and “intoxicating” liquor, which is a very important distinction under the statute in question. . The law does not include all “intoxicating” liquors1. We have not contended- that Jamaica ginger is not intoxicating, but we do say that it is not included in spirituous liquor under the…
1Opinion of the Court
Ethbidge,, J.,
delivered the opinion of the court.
The state of Mississippi and county of Lee filed a bill in the chancery court against the appellant, Payne, alleging that the appellant was engaged in the business of selling spirituous and intoxicating liquors and drinks, consisting mainly of what is known as Jamaica ginger, lemon, vanilla, and pineapple extracts, consisting of eighty per cent, to ninety per cent alcohol, which, if drunk in the usual way that intoxicating liquors are drunk, will and do cause intoxication, and that the appellant had sold named persons such liquors, and that he…
2Cases cited4 opinions
- King v. StateMississippi Supreme Court · 1881
- Bertrand v. StateMississippi Supreme Court · 1895
- Lemly v. StateMississippi Supreme Court · 1892
- Sledge v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1905
3Cited by1 opinion
- State Ex Rel. v. CarrMississippi Supreme Court · 1941