Fullwood v. State
Fullwood v. State
Opinion of the Court
delivered the opinion of the court.
We find no error in the record. It is uniformly held that mere irregularities of officers of elections, not affecting the purity of the election nor the right of the voter, and not in reference to matters made mandatory by law, do not affect the validity of the election.
McCrary on Elections, §§ 192 to 204; Pradat v. Ramsey, 47 Miss. 29.
The certification of the returns of the local option election by a majority of the commissioners was. sufficient. Opinion of the Justices, 68 Maine, 587.
If appellant was the owner of the bar on the steamer Katie Robins, and intoxicating liquor was sold by a person apparently in charge thereof as clerk or agent, the sale was, in the absence of any countervailing testimony, to be taken as a sale by the defendant; and, since there was no such countervailing evidence, the instruction given in behalf of the state was not erroneous.
The judgment is affirmed.
Reference
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- William Fullwood v. State
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- Syllabus
- 1. Elections. Not affected, by mere irregularities. Mere irregularities of election officers, not affecting the right of the voter nor the purity of the election, and not in reference to matters made mandatory by law, do not invalidate the election. Pradat o. Ramsey, 47 Miss. 29, cited. 2. Local Option Election. Returns by majority of commissioners. Certification of the returns of a local option election by a majority of the commissioners is sufficient. 3. Criminal Law. Intoxicating liquors. Sale of. Agent of owner. Where intoxicating liquors are sold at a bar on a boat by'one apparently in charge of the bar as clerk or agent, in the absence of evidence to the contrary, the sale is to be taken as having been made by the owner of the bar.