Bailey v. State

Decided October 15, 1889

Mississippi Supreme Court · decided 1889-10-15

From the circuit court of Copiah county. Hon. J. B. Ci-irisman, Judge. The indictment in this case averred that appellant wilfully and unlawfully sold spirituous and intoxicating liquors within five miles of the corporate limits of the towns of Wesson and Beauregard, in the county of Copiah.

Relies on King v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-15

How this case has been cited

Cited by 5 later decisions — most recently May 2003

4 state decisions

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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Campbell, J.,

¶1delivered the opinion of the court.

¶2The appellant was perhaps convicted of an offense for which he was not indicted. It is manifest that he was indicted for selling whisky on an occasion known to and testified of by Quarrels; and, on cross-examination by the district-attorney, he was made to testify as to a transaction with respect to whisky, for which he may have been convicted, which was another and different occasion from that testified to by Quarrels. It is impossible to determine to which *335occasion the verdict relates. The interrogation of the defendant as to an occasion different from that sworn to by Quarrels should not have been permitted. King v. The State, 66 Miss. 502.

¶3Reversed and remanded.