Woodall v. State
Cases that cite this one
2 later published cases cite this decision.
- Elkins v. State (Miss. 1956)
- Black v. State (Miss. 1945)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
The appellant was tried and convicted on an indictment charging him with the unlawful sale of intoxicating liquor. The evidence discloses a barter, and not a sale of the liquor, being that the appellant gave the prosecuting witness a pint of whiskey and one dollar in cash in exchange for a hog. An indictment charging a sale is not sustained by proof of a barter. State v. Austin (Miss.), 23 So. 34; Jones v. State, 108 Miss. 530, 66 So. 987, L. R. A. 1915C, 648; Black on Intoxicating Liquors, section 406; 23 Cyc. 181; 17 A. & E. Ency. of Law (2 Ed.), 298. The statute recognizes the difference between a sale and a barter; its provisions being that “if any person shall sell or barter, . . any vinous, alcoholic, malt, intoxicating, or spirituous liquors,” etc.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.