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106 Miss. 370

Cagle v. State

Mississippi Supreme Court

Decided October 15, 1913

Mississippi Supreme Court · decided 1913-10-15

HoN. Claude ClaytoN, Judge. Frank Cagle was convicted of the unlawful,sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. When the state rested its case the appellant moved the court to require the state to elect on which sale it would aslc a conviction. This motion the court overruled.

Good law ✅— No negative treatment on recordhow we know

Decided 1913-10-15

How this case has been cited

Cited by 6 later decisions — most recently March 1953

6 state decisions

4019131920193019401950decided

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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Cook, J.,

¶1delivered the opinion of the court..

¶2Appellant was convicted for the unlawful sale of intoxicating liquors. The prosecution was begun before the mayor of the city of Corinth, as ex officio justice of the peace, and from a conviction in that court an appeal was taken to the circuit court, which court also convicted appellant; wherefore this appeal.

¶3The state relied on several sales to different persons. C. A. Deloach, one of the state’s witnesses, testified that he bought from appellant a pint of whisky. It is contended by appellant, and we think correctly, that this witness did not fix the venue of his purchase within the corporate limits of the city of Corinth.

¶4Lula Murphy, another state’s witness, testified that she, too, bought a pint of whisky from appellant, and in this she was corroborated by Jack Murphy, her husband; but neither witness testified that this sale occurred prior to the date of the affidavit.

¶5Reversed and remanded.

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