Pederee v. State

Decided October 15, 1914

Mississippi Supreme Court · decided 1914-10-15

Hon. P. B. Johnson, Judge. Eosa Pederee was convicted of the unlawful sale of intoxicating liquor and appeals. The indictment upon which appellant was tried alleged that she “did unlawfully sell and retail intoxicating liquors.” Evidence of several sales alleged to have been made prior to the date laid in the indictment was introduced. It is contended by appellant that the state should have been confined to one particular instance.

Decided 1914-10-15

Cook, J.,

¶1delivered the opinion of the court.

¶2The brief for appellant in this case assumes that appellant was charged with “keeping for sale intoxicating liquors.” and upon this erroneous assumption is built the entire argument for reversal.

¶3If appellant had been charged with the misdemeanor which she evidently thinks she was, her argument might have some weight, but even this is doubtful. Unfortunately she is charged with more than keeping booze for *656sale. She is charged with selling it, and, unless she was grievously misrepresented, she was rightfully convicted in the manner and in the form prescribed by the law of the land.

¶4Affirmed