Whittington v. State

Decided April 15, 1885

Mississippi Supreme Court · decided 1885-04-15

Hon. J. B. Chrisman, Judge. On the 11th of September, 1884, A. J. Whittington was indicted for selling, on the 8th of that month, without a license, “ vinous and spirituous liquors in less quantities than one pint.” The proof showed that the defendant had, “within two months next before the finding of the indictment, sold wine, and nothing else, fully believing he had the right to sell wine by retail without a license.” The court below instructed the jury that if they…

Decided 1885-04-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2Under the Code of 1880 one might lawfully sell wine made of grapes grown by himself in any quantity not less than one pint without paying any tax or obtaining license. Section 1098. As amended by act approved February 23, 1882, and one approved March 9, 1882, chapters 6 and 7 of Acts of 1882, chapter 39 of the code authorized the sale of wine made of grapes and other fruits, without regard to who grew them, in any quantity not less than a pint. The retention of the word pint in § 1112 made it penal to sell vinous or spirituous liquor in any quantity less than a pint without license. By act approved March 4,1884, Acts of 1884, p. 18, the word “pint” was stricken out and the word “gallon” inserted in § 1112. The effect of this was to make it penal thereafter to sell wine in less quantity than a gallon without a license.

¶3Affirmed.