70 Miss. 241 | Miss. | 1892
delivered the opinion of the court.
The indictment does not charge an offense against the law of this state. Alcohol, the subject of the sale, is not vinous or spirituous liquor within the meaning of the statutes in force when the sale was made. Alcohol is an ingredient or quality of vinous and spirituous liquor of all kinds, but alcohol, specifically, is neither the one nor the other. It is a distinct thing. It is the intoxicating principle of vinous and spirituous liquors, but is not such liquor in the contempla
It was doubtless well known that alcohol was not a drink, and that it was kept by druggists for their own use, and to sell to others desiring it, not to use as a beverage, but for
These observations are intended to show the legislative understanding in framing the act of 1886, and to draw from this support for the declaration made in the beginning of this opinion, that alcohol is a thing distinct from the vinous and spirituous liquors, the sale of which was regulated by legislation from time to time in the history of the state.
The act of 1822 on the subject'was for the “ restraint of tippling-housesthat of 1839 was for the “suppression of tippling-houses, and to discourage and prevent the odious vice of drunkenness.” This was followed by the act of February 22, 1842, which laid the basis of the system of licensing the sale of vinous and spirituous liquors, which has since prevailed with few changes. The purpose of each act on the subject was to restrict, and, as nearly as could be without prohibition, to suppress the “ odious vice of drunkenness,” and therefore the “vinous and spirituous liquors” commonly used as beverages were included in the statutes^ and none other was. Alcohol was not included, and, prior to 1886 and under the former laws, it was not an offense to sell alcohol. The act of March 11, 1886, was not in force when the sale charged in the indictment was made in Hinds county, and the general law contained in the code of 1880 was in force, under which it was not unlawful for anybody to sell alcohol.
Judgment reversed, indictment quashed and the defendant discharged.