Bertrand v. State

Citations

• 73 Miss. 51

Syllabus

<p>1. Intoxicating Liquors. Tincture of ginger not withim, the statute prohibiting sale. Code 1892, % 1592.</p> <p>A sale of tincture of ginger, pharmaceutically prepared, in good faith, as a medicine, by a duly licensed druggist, does not violate § 1592, code 1892, prohibiting the sale of “vinous, alcoholic, malt, intoxicating, or spirituous liquors or intoxicating bitters, or other drinks, which, if drunk to excess, will produce intoxication.”</p> <p>2. Same. Test of criminaUty.</p> <p>The test of criminality in the sale, by druggists, of such preparations is whether the tincture, or essence, containing alcohol was a medicine, and sold as such in good faith, and not as a beverage, or whether it was a sham preparation, disguised as a medicine, but really an intoxicating liquor, and sold as a beverage. King and Wall v. State, 58 Miss., 737.</p>