Nogales Club v. State

Mississippi Supreme Court
Nogales Club v. State, 69 Miss. 218 (Miss. 1891)
Campbell

Nogales Club v. State

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the coui’t.

We unhesitatingly adopt as sound, the views of those courts which have held that such a device as was- resorted to by the appellant in disposing of vinous and spirituous liquor was -a violation of the law against unlicensed retailing. State v. Mercer, 32 Iowa, 405 ; Marmont v. State, 48 Ind., 21; Rickart v. People, 79 Ill., 85; Martin v. State, 59 Ala., 34; State v. Lockyear, 95 N. C., 633.

It must be so, unless an association of persons may lawfully do what none of the individuals could ; and it would be a reproach to the law if this were so. “ If any person shall, directly or by any evasion or subterfuge, violate any provision' of this act, then the person so offending (and also any person who may own or have any interest in any vinous or *221spirituous liquors sold contrary to this act) shall be liable to indictment,” etc. Code, §1112. Under this language, there is .no ground for controversy as to the guilt of appellant.

Affirmed.

Reference

Cited By
4 cases
Status
Published
Syllabus
1. Sale of Liquors. What constitutes. Device. Social club. An incorporated social club, maintaining apartments, though exclusively for its members and invited guests, which, without license, dispenses therein to its members intoxicating liquors at a fixed price, although not for gain, is guilty of unlawful retailing. 2. Same. Club-roam. Sale to minor. Code 1880, 21112. Accordingly, where the steward oí such cluh sold vinous or spirituous liquors therein to a minor, though a member, the cluh was properly convicted, under code 1880, 21112, of being interested in such liquors sold contrary to law.