Wiley v. State
Mississippi Supreme Court
From the circuit court of Yalobusha county, second district. The facts are stated in the opinion. The facts proved do not show that Wiley sold the whisky; they rather show, or tend to show, that he acted as the purchaser’s agent, to buy whisky for him, or as the agent of an unknown seller. Appellant was not indicted for acting as the purchaser’s agent, or for making the sale as the seller’s agent.
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From the circuit court of Yalobusha county, second district. The facts are stated in the opinion. The facts proved do not show that Wiley sold the whisky; they rather show, or tend to show, that he acted as the purchaser’s agent, to buy whisky for him, or as the agent of an unknown seller. Appellant was not indicted for acting as the purchaser’s agent, or for making the sale as the seller’s agent. We have a statute applicable to agency in liquor selling, but the indictment is not under such statute. Surely if appellant acted.as the purchaser’s agent, he is not guilty under the present…
1Opinion of the CourtStockdale, J.
Dallas Wiley was convicted, for unlawfully selling whisky, in the circuit court of Yalobusha county,-on the fifteenth day of March, 1896, and sentenced to pay a fine of $50 and to be imprisoned sixty days, and appealed from that sentence.
It appears from the testimony that one Wm. Bartlett met appellant in Water Yalley, and asked if he, Wiley, could get him, Bartlett, some whisky, to which he replied he thought he could. Bartlett gave Wiley fifty cents, and Wiley went off, was gone a few minutes, and came back and delivered to Bartlett a bottle of whisky. These facts show Dallas Wiley to have…
2Cases cited1 opinion
- Beck v. StateMississippi Supreme Court · 1891
3Cited by7 opinions
- Buchanan v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Wortham v. StateMississippi Supreme Court · 1902
- Walters v. StateMississippi Supreme Court · 1921
- Horton v. StateMississippi Supreme Court · 1913
- Bennett v. StateMississippi Supreme Court · 1905
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