The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1907-05-01
CAN CLUB TOGETHER
To Pay Charge. on 1ntOzicantsD
So Rules the Supreme Court.

"If one person to whom is CON
sigued o. o D. whisky carried By
express, agrees, before he receives
if, that another will pay part of the
money required to pay for the
whisky and receives from that per.
son a sum of money in proportion
to his personal money, and for the
liquor, and receives it from the
express agent, and then takes and
uses separate bottles of the whisky
in the presence of each other in
the express Office, the person to
whom the liquor is consigned is
not guilty of selling without a
license" Judge BrannOn.
The above is the first section of
the syllabus written to an opinion
handed down in the supreme court
of appeals by Judge Brannon, re
yersing the judgment of the lower
court, finding the defendant not
guilty and disoharging the indiot.
ment, in the case of the State VS..
Mareen johnson, coming from Lin.
coin county.
In the circuit court of Lincoln
county, Mareen johnson was con-
vioted upon an indictment of sell.
ing liquors and was fined $25 and
sentenced to Jail for two months.
He brought the case to the gu.
preme court of appeals upon a writ
of error.
1t seems that two quart bottles
of whisky were consigned to John.
son by q whisky merchant named
Stone in Cincinnati. Johnson's
home is at West Hsmlin in Lin
coin county and it was there by
adams Express that the whisky
was shipped without Johnson's
knowledge. On it's arrival John.
son was notified by the express
agent that it was to be delivered
to him on payment of two dollars,
the sum being the price of the
whisky and the express charges
from Cincinnati. johnson not
having the money to pay the
charges, he went to a fellow named
Adkins and another named
Midkiff and told them they should
have a proportionats amount of
the whisky if they would contrib
ute toward the payment of the
charges Esoh paid to johnson
fifty oents, and the three went to
the station and the agent after
johnson had receipted for the
same, delivered it to johnson.
Thereupon, after johnson had
paid the agent and opened the box
containing the whisky, Midkiff
took one bottle and johnson the
other. The whole transaction co.
Cured in the depot at West Ham
lin, where the office of tie express
company was kept. For johnson
it was commended that the three
men were the joint purchasers of
the whisky from Stone, the Gin
cinnati agent, and that johnson
VAS not seller of whisky to Ad-
kins and Midkiff.
The opinion discussing the facts
and the contention of Johnsons,
says:
1--WE think this is a true pre-
position. Stone by sending the
liquor to johnson made only a
proposal of sale. Before it was
oonsummated by payment of the
money and delivery of the liquor,
johnson agreed with Midkiff and
Adkins that they should become
joint purchasers with him. Title
to the liquor had not yet vested in
johnson. He was yet, when the
agreement was made between the
three, had not possession. While
the sale was yet unoonsummated,
under this agreement the three
went together to the express Office
and ne may say that delivery was
made to the three and that they
took joint possession and owner
ship. True, Stone did not know
Midkiff or Adkins, nor did he
know johnson. He only made
proposition to johnson. He did
not care who should accept the
proposition, as it did not sffect his
interest. Anyhow. We know of no
refusal by him to allow the three
to buy. If johnson mad paid
for and taken possession of the
liquor and then sold to Midkiff
and Adkins, it would be different;
INT he did mt do an RsForo m