Garfield v. State

Mississippi Supreme Court
Garfield v. State, 114 Miss. 710 (Miss. 1917)
75 So. 548
Cook

Garfield v. State

Opinion of the Court

Cook, P. J.,

delivered the opinion of the court.

The appellant, of illustrious name, was convicted by the circuit court of Yalobusha county, upon an affidavit charging him with selling- intoxicating liquor. The evidence for the state and the defendant demonstrates that defendant loaned a colored gentleman, “ Buster Hones” by name, a pint of whiskey. There is no reason to believe that there was a sale. The evidence shows affirmatively and definitely that there was a loan of whiskey.

This case is controlled by Jones v. State, 108 Miss. 530, 66 So. 987, L. R. A. 1915C, 648, and the judgment of the trial court is reversed, and the case dismissed.

Reversed and dismissed.

Reference

Status
Published
Syllabus
Intoxicating Liquors. Illegal sale. Evidence. Sufficiency. Where in a prosecution for the illegal sale of whiskey, the evidence shows affirmatively and definitely that the whiskey was loaned, this would not justify a conviction for the illegal sale of intoxicating liquors.