Harper v. State
Harper v. State
Opinion of the Court
delivered the opinion of the court.
The ingenious defense so plausibly presented in the brief of counsel for appellant is not supported by the testimony. The proof shows that the witness Stewart bought from the appellant eight bottles of beer, paying therefor cash in advance, and receiving as evidence of his purchase a printed ticket or card, representing the amount of beer which the holder was entitled to receive upon presentation of the ticket. The ticket was so arranged that, as each bottle of beer was delivered, a punch hole was made to show that fact. This was a sale, within the meaning of the law. The fact that appellant operated under the style of the Jonestown Beer Club, and that any one could purchase a ticket entitling him to beer upon payment of the money, and remained a member only so long as his ticket lasted, far from being circumstances on which to predicate a theory of innocence, is proof strongly tending to show that appellant was openly and habitually engaged in the illegal sale of liquor.
Affirmed.
Reference
- Full Case Name
- Ichabod W. Harper v. State of Mississippi
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Intoxicants. Unlawful sale. Evidence. Tríeles. The sale of a ticket, representing intoxicating liquor, so arranged that as each bottle of liquor might be delivered a hole could be punched in the ticket to show the fact and the subsequent delivery of one or more bottles of liquor to the holder of the ticket, upon its presentation and punching, is a sale of liquor so delivered, although th© money was paid by the purchaser when he received the ticket.