49 So. 113 | Miss. | 1908
delivered the opinion of the court.
The indictment in this case charges appellant with the sale of “vinous and spirituous liquors.” It is to be particularly noted that there is no use of the comprehensive term “intoxicating liquors,” nor is there any charge of selling “malt liquors.” The proof tended to show that appellant sold two bottles of what purported to be beer, but the .witnesses did not taste the substance. The court charged the jury, at the instance of the state, that if the jury believed that the defendant sold beer to the witness Case a verdict of guilty should be returned. It is impossible to uphold this conviction in the light of the allegations of the indictment. The state did not charge, as it might
Reversed and remanded. .