Jackson v. State

Decided March 15, 1914

Mississippi Supreme Court · decided 1914-03-15

Hon. J. I. Ballinger, Judge. Eugene Jackson, was convicted of unlawful selling of liquors and appeals. The facts are sufficiently stated in the opinion of the court. Held: by a long line of decisions, that the mere possession of any quantity of intoxicating liquor does not raise any presumption as to the guilt of the accused. See cases of State v. Stansbury, 98 Miss. 406 -MoComb City v. Hill, 100 Miss. 193; Byrd v. The City^ of Hazlehurst, 101 Miss. 57, and many others.

Relies on Byrd v. City of Hazlehurst · McComb City v. Hill · Stansbury v. State

Decided 1914-03-15

Reed, J.,

¶1delivered the opinion of the court.

¶2The affidavit, made in the court of a justice of the peace against appellant, charges that he “did unlawfully keep intoxicating liquors for sale.” The evidence shows that he had such liquors in his possession, but fails to show that he kept the liquors for sale. The proof of possession of liquors, without proof evidencing the purpose of selling or giving away the same in violation of law, is not sufficient for conviction, under the holding of this court in the eases of Stansbury v. State, 98 Miss. 406, 53 So. 783, McComb City v. Hill, 100 Miss. 193, 56 So. 346, 39 L. R. A. (N. S.), 534, and Byrd v. City of Hazlehurst, 101 Miss. 57, 57 So. 360.

¶3Reversed and remanded.