102 Miss. 179
Decided March 15, 1912
Mississippi Supreme Court · decided 1912-03-15
Hon. A. E. Weathersby, Judge. Missie Chatman was convicted of unlawful retailing and appeals. The appellant was indicted and convicted of the unlawful sale of intoxicating liquors.
Relies on Smith v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1912-03-15
Cited by 4 later decisions — most recently March 1977
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court.
¶2Appellant was the only witness who testified in her behalf in the court below, and her evidence, if believed by the jury to be true, entitle her to an acquittal. Consequently, as held by this court in Smith v. State, 90 Miss. 111, 43 South. 465, 122 Am. St. Rep. 313, and Gaines v. State, 48 South. 182, the granting of the second instruction requested on behalf of the- state was fatal error.
¶3Reversed and remanded.