The Chickasaw messenger. (Okolona, Miss.) 1880-1900, 1881-07-21

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aEHnI,sffs tDgBE DEClnEOSa
81 ig..-.., Vssr f
Iaskagn elaii
rs kiag aaa Gee. Wallyss stto ofnissis.
Appeal from the cirapit Court b
\ efenada eopaty IIaHi Samusl'PoWe
y Judgc ..tF .,t ~.
Appellants we're convicted ~ rc
talpe without isease Ihe oplmoH
- go 4 '-'i' p
lle appellants were indicted NJ thc
N Circuit Court of Grenada county iol
tunlswiully selling yinops and spir
ituops sqporl in lee quantities. tpsn
Tie evidence showed tlat ths ds-
feudpts sold, in auannes of from 4
lpintto b pint q aquaft, acompound
lnned Home bilters. WHICH hey
I Iclaimed vas q proprietary medicine,
which, though Containing ALCOHOL, n
was lawfol i5r tlien % sen Vilhout
( obtaining license 10 retail uudor lhe
lproyisio1s Of tie Code goyerHing
the retailing 81 Yinous aud spirltpous
llio,oral Araa u ~ AH w
\ The evidence inttoduced by the
/ decbdaais themselyes lhowcd that
tho compound sold contained thirty
por cent. of alcohol, and that the
other Ingredients we're water and
various bafks and peelings. and seed
lJf trees, fruit and harhsi that the
compound vas sod as any other mer-
chandise, 10 be devoted BY tie pur-
ahaserto such purposes as he desired
aud wiihout inquiry blythe seller as
to the purpose for which Il Waa
bought The evidence for the State
showed thatit was purchased by the
States witness because Of The alco-
lhol it contained, and was used BY
them for the purpose OF pfocuring
intoxication eeH tt H.na.
The court charged the jnry, 'in
effect, for The State that ia tie com
pound was intoxicating andwas sold
By The defendants as a spirituOus
beverage, and not as samedicine, they
oaaht to end the defendants gHlltYil
ahd for tue defendants Il instructed
Gle Jury that II they believed the
attendants sold the compound ihl
good faith as medicine, and not as al
beverage, -thcy ought to-b acquitted,
Although it contained yinous on spit-
ituous hquorsufiieient to intoNioate
And this We think fairly presented
tie law Of the case. 81 sffferor
One authorized 10 sell medicine
otght not TO be guilty Of Violating
tie laws relative 20 retailing because
tie purchaser Of a medicine o0ntain-
ing alcohol misnsea Il and becomes
Intoxicated but on the other hand
these laws cannot be eyaded 10y soll-l
ilgasa beverage Intoxicating Liquors
CONTAINING draga harksa or eeed
which have medicinal uualties Tie
uses to which the compound is ordi-
nRrly put. the parp0aes for which it
Il usually bought. end its effect upon
tie system, are material facts from
which may be inferred the intention
~ the seller. 1.-THE pther Ingredients
are medicinal. anl the alcohol is
used either as a necessary preserve
tive OF vehicle for tham, and Il from
an tho facts and circumstances 10
appears that the sale is 0f the other
Ingredients IS q medicine, and nOt.oi
.he liquor as 9 aberegage. the seller Is
( protected batifthe drugs or roots
are more preteaees of medicines,
shadows and devices Hnder which an
ilhgal practice Is p be oondnciadr
they viii be but shadoFh When in,or.
I posed forpEoteelion agamst criminal
prosecution. Hsaaea 81 IRA
Ihe Instructions aafasede by lhe
court on application of tie delen~
danie were substantially given in.
other instructions. auaila Bas not
right of the defendants 10 proponnd
the same propositions IN different
phrsseologY TIE laws applicable
tDlthe defense sci up hadibeen c0r-
rHstly and Sufficiently stated, and the
COURT did not err Il refusing 10
olargo in ether lanauaee ibe same
ileass Judgment allrmed
fitzgerald Il Wlaideld, loF appel
lanfs N'a H s. ars a.
IaC1Cstchingaf attefuey- -gepelab
ooHtHql ts ~ Ila s.fr
aliH q aEL1NHs f1 Ia 81.
Nuf .fH eH{H z.H ar raerc =
oar A.k -. College.
] MM EDiT0R 1T vas or GOOD Iof
thneto be preseat ag tie b8nanah oe.
taeRt % d0rA & ~ 00Heie Al
SlaikHlle, 6n Tie a5sh iast aafisl
reaAy enough to F6akt Alisslesip-
Hp|ahs heart swell Go fHs l4n6st ca
pttty, and 10 BeaJ p4ad n, when
tlle eye beHaidg lie bilnai4. sAteN
I btndiHe sHeae egeel1d ltb6obi5el
aadezb bflsse1 paFI5se 81 s8ueaiihe
! tlio risiHe FHH 8F HgsTes ii 10i