Page v. State

Mississippi Supreme Court March 15, 1913

Page v. State, 105 Miss. 536 (Miss. 1913)

62 So. 360

Cook

Opinion of the Court

Cook, J.,

delivered the opinion of the court.

Appellant was convicted for acting as the agent of the purchaser of whisky. Over the objections of appellant three or four witnesses were permitted to testify that appellant acted as agent for them in the purchase of whisky. The learned trial judge, no doubt, permitted *539this evidence to go to the jury upon the theory that section 1762 of the Code of 1906 is applicable to this sort of case. In this we think he erred. This section is applicable only in cases where theré is an unlawful sale of intoxicating liquors.

Reversed and remanded.

Reference

Full Case Name: Robert Page v. State
Cited By: 1 case
Status: Published
Syllabus: Criminal Law. Evidence. Other offenses. Admissibility. Oode 1906, section 1762. Where a defendant is tried on the charge of acting as agent for the sale of intoxicating liquors, it is reversible error to allow the state to prove that defendant had acted as such agent at other times. Code 1906, section 1762, authorizing the state on a trial for a violation of the law by the sale of liquor, to prove more than one offense occurring anterior to the time laid in the indictment, has no application where the charge is for acting as agent for such sale.