Compton v. State

Mississippi Supreme Court October 15, 1911

Compton v. State, 101 Miss. 303 (Miss. 1911)

57 So. 919

Smith

Opinion of the Court

Smith, J.,

delivered the opinion of the court.

The granting of the first instruction requested by the state was fatal error. It omits a material portion of the testimony of the witness Paris, upon whose.testimony it was predicated, which omitted portion discloses that appellant did not sell the whisky to the witness, but simply acted as his agent or assistant in effecting the *306purchase thereof (Powell v. State, 96 Miss. 608, 51 South. 465), for the commission of which crime appellant was not on trial. The testimony of Paris, in effect, was that appellant ordered from Slidell, Louisiana, for himself and Paris, one-half gallon of whisky, one quart for each; Paris giving to appellant the money with which to pay for his portion thereof. Upon receipt of the whisky by appellant, he delivered to Paris the quart ordered for him.

The judgment of thb court below is reversed, and the cause remanded.

Reversed and remanded.

Reference

Full Case Name: Bright Compton v. State
Status: Published
Syllabus: Intoxicating Liquors. Wrongful sale. Instructions. Where on the trial of accused for the unlawful sale of whiskey a witness testified for the state that he and accused had agreed that accused should order whiskey for them both from Slidell, Louisiana, and that in accordance with this agreement witness gave accused ,one dollar and accused ordered two quarts of whiskey, one of which he gave witness in accordance with their agreement, an instruction that if the jury believed that the witness gave defendant a dojlar and about three weeks later defendant delivered to witness a quart of whiskey, he was guilty, was erroneous, since if the witness’ testimony was true, defendant did not sell the whiskey hut simply acted as agent in effecting a purchase for the commission of which crime accused was not on trial.