Horton v. State
Mississippi Supreme Court
Appeal from the circuit court of Lee county. Hon. Claud Clayton, Judge. Charley Horton was convicted of the unlawful sale of liquors and appeals. The facts are fully stated in the opinion of the court. Appellant was indicted for the unlawful sale of intoxicating liquors. He was not indicted under section 1771 Code of 1906 for acting as agent, or assistant, of the seller or purchaser, in effecting the sale of intoxicating liquors.
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Appeal from the circuit court of Lee county. Hon. Claud Clayton, Judge. Charley Horton was convicted of the unlawful sale of liquors and appeals. The facts are fully stated in the opinion of the court. Appellant was indicted for the unlawful sale of intoxicating liquors. He was not indicted under section 1771 Code of 1906 for acting as agent, or assistant, of the seller or purchaser, in effecting the sale of intoxicating liquors. Clearly under the testimony the appellant was not guilty of the unlawful sale of intoxicating liquors. That was the crime for which he was indicted. In the case of…
1Opinion of the CourtCook, J.
Appellant was convicted of the offense of unlawfully selling intoxicating liquors. The record discloses that *337appellant put np forty cents, and one Iieatlierly contributed thirty-five cents, to form a pool for the purpose of buying a bottle of whisky. Appellant took charge of the money and purchased the whisky, ánd he and Heath-erly afterwards, and speedily, consumed the same. This was the state’s case, and because the court, at the request of appellant, refused to instruct the jury to return a verdict of not guilty, this appeal is prosecuted.
Simmons v. State, 59 So. 849, and Wiley v. State,…
2Cases cited2 opinions
- Wiley v. StateMississippi Supreme Court · 1897
- Simmons v. StateMississippi Supreme Court · 1912
3Cited by1 opinion
- Walters v. StateMississippi Supreme Court · 1921