City of Jackson v. Gordon

Citations

• 119 Miss. 325
• 80 So. 785

Syllabus

<p>1. Cbiminal Law. Intention.</p> <p>Criminal intent must accompany a crime and there must he.actual or constructive intent to do the thing which constitutesThe crimeTotherwise there is no criminal act.</p> <p>2. Intoxicating Liquors. Offense. Save, control or possess.”</p> <p>Section 2, chapter 189, Laws 1918, making it unlawful for any person to “have, control, or posses” intoxicating liquors, is not violated where a defendant has liquor in his possession without his knowledge, as a result of some other party placing the liquor in his possession.</p> <p>3. Intoxicating Liquors. Criminal prosecution. Question for jury. 'knowledge of possession.</p> <p>In a prosecution under section 2, chapter 289, Laws 1918, of the proprietor of a pressing shop for having liquor in his possession, the court held under the evidence as set out in its opinion, that the question as to whether or not defendant was conscious of such possession was for the jury.</p> <p>4. Same.</p> <p>In such case, where the defense is that defendant had no knowledge of the presence of liquors found in his shop, this raises a question of fact for the jury, the presumption being in such ease that he knew of its presence.</p>