Garfield v. State

Decided March 15, 1917

Mississippi Supreme Court · decided 1917-03-15

Hon. W. B. Ecicles, Judge. - Arthur Garfield was convicted of selling intoxicating liquors and appeals. The facts are sufficiently stated in the opinion of the court. We note that the assistant attorney-general admits that this case comes directly under the provisions of the Luther Jones Case, 66 So. 1915C, page 648; that is, it represents a direct effort to convict on an affidavit charging a sale of liquor on proof of a bona-fide loan.

Relies on Jones v. State

Decided 1917-03-15

Cook, P. J.,

¶1delivered the opinion of the court.

¶2The appellant, of illustrious name, was convicted by the circuit court of Yalobusha county, upon an affidavit charging him with selling- intoxicating liquor. The evidence for the state and the defendant demonstrates that defendant loaned a colored gentleman, “ Buster Hones” by name, a pint of whiskey. There is no reason to believe that there was a sale. The evidence shows affirmatively and definitely that there was a loan of whiskey.

¶3This case is controlled by Jones v. State, 108 Miss. 530, 66 So. 987, L. R. A. 1915C, 648, and the judgment of the trial court is reversed, and the case dismissed.

¶4Reversed and dismissed.