Bailey v. State

Mississippi Supreme Court October 15, 1889

Bailey v. State, 67 Miss. 333 (Miss. 1889)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The appellant was perhaps convicted of an offense for which he was not indicted. It is manifest that he was indicted for selling whisky on an occasion known to and testified of by Quarrels; and, on cross-examination by the district-attorney, he was made to testify as to a transaction with respect to whisky, for which he may have been convicted, which was another and different occasion from that testified to by Quarrels. It is impossible to determine to which *335occasion the verdict relates. The interrogation of the defendant as to an occasion different from that sworn to by Quarrels should not have been permitted. King v. The State, 66 Miss. 502.

Reversed and remanded.

Reference

Full Case Name: T. J. Bailey v. State
Cited By: 7 cases
Status: Published
Syllabus: Sale of Liquors. Evidence of distinct offenses under one indictment. If on the trial of one for unlawfully selling liquors, the prosecution has directed its evidence to one particular occasion, it is error to question defendant, on cross-examination, as to a sale on another and distinct occasion ; and if this is done, a conviction will be set aside. King v. The State, 66 Miss. 502.