Schullherr v. State
Mississippi Supreme Court
From the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. This suit was instituted in the name of the state, upon the information of Joe Moore, upon the bond of one L. M. Reinach, a licensed retailer of intoxicating liquors in the city of Meridian.
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From the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. This suit was instituted in the name of the state, upon the information of Joe Moore, upon the bond of one L. M. Reinach, a licensed retailer of intoxicating liquors in the city of Meridian. The breach of the bond alleged in the declaration, is that Reinach sold liquor to one Casteel, who at the time of the. sale was intoxi-. cated. ' A demurrer to the declaration was overruled, and the defendants, the said Reinach and the sureties on the bond, pleaded the general issue, and by way of special' plea denied that the said…
1Opinion of the CourtCooper, J.
We do not construe the modifications of the 4th and 5th instructions for the defendants as announcing, as is supposed by counsel for appellants to be the case, that it is a violation of the bond of one licensed to sell intoxicating liquors to sell such liquors to one person, the dealer knowing at the time that such person designed to furnish the liquor so purchased by him to an intoxicated person. If such was the tenor of the modifications by the court, we should concur in the opinion of counsel that error had been committed. But Beinach, the retailer, does not in his testimony put that…
2Cited by1 opinion
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