Stanley v. State

Decided November 15, 1906

Mississippi Supreme Court · decided 1906-11-15

From the circuit court of Holmes county. Hon. A. MoO. Kimbrough, Judge. Appellant, Stanley, a traveling salesman for a distilling company doing business in Missouri was tried before the mayor of the town of Durant, as justice of the peace, on an affidavit charging him with keeping in said town intoxicants to be given away to induce trade, in violation of eh. 104, p. 141, laws of 1900.

Decided 1906-11-15

Calhoon, J.,

¶1delivered the opinion of the court.

¶2The charge is that appellant did “keep for sale and to be given away to induce trade” the liquors “in the town of Durant.” It was error to admit testimony of instances of such giving away outside of that town. It was also error to admit the books of the express company to show shipments of the liquors from appellant’s employers to parties in Durant. The court declines now to decide whether or not the record shows this *66prosecution to be in violation of the interstate commerce clause of the constitution of the United States.

¶3Reversed and remanded.