Stanley v. State
Mississippi Supreme Court
Stanley v. State, 89 Miss. 63 (Miss. 1906)
42 So. 284
Calhoon
Stanley v. State
Opinion of the Court
delivered the opinion of the court.
The charge is that appellant did “keep for sale and to be given away to induce trade” the liquors “in the town of Durant.” It was error to admit testimony of instances of such giving away outside of that town. It was also error to admit the books of the express company to show shipments of the liquors from appellant’s employers to parties in Durant. The court declines now to decide whether or not the record shows this
Reversed and remanded.
Reference
- Full Case Name
- Hyrcanus L. Stanley v. State of Mississippi
- Status
- Published
- Syllabus
- 1. Criminal Law and Peocedure. Evidence. Allegata et probata. Where defendant was charged with having, in a certain designated town, kept intoxicants for sale and to give away to induce trade, evidence is not admissible to show such giving away elsewhere than in the town. 2. Same. Under an affidavit or indictment charging defendant with keeping for sale and giving away to indnee trade liquors in a certain town, the books of an express company were inadmissible to show shipments of the liquors from defendant’s employers to parties in such town.