Fuller v. City of Jackson

Citations

• 97 Miss. 237
• 52 So. 873

Syllabus

<p>1. Criminal Law and Procedure. Unlawful sale of intoxicating liquors. Code 1906, § 1746. Municipal ordinance.</p> <p>Code 1906, § 1746, as amended by Laws 1908, ch. 115, p. 116, prohibiting the sale of any vinous, alcoholic, malt, intoxicating, or spirituous liquors or intoxicating bitters or other drinks which if drunk to excess will produce intoxication, prohibits the sale of vinous, alcoholic, malt, intoxicating, or spirituous liquors or intoxicating bitters, without reference to whether they in fact intoxicate because such class of liquors are known to be of an intoxicating character; and also prohibits the sale of any other drink which if drunk to excess will produce intoxication.</p> <p>2. Same. Malt ale.</p> <p>The sale of malt ale, which is a malt liquor, and which contains two and seventy-one one hundredth per centum of alcohol by volume and two and twelve one-hundredth per centum by weight, is prohibited by Code 1906, § 1746. (Per .Mates, C. J., and ■ Smith, J.)</p> <p>3. Same. Non-intoxicating leverage.</p> <p>A sale of a beverage which is not shown to be a vinous, alcoholic, malt, intoxicating, or spirituous liquor or intoxicating bitter, and which contains eighteen one-hundredths of one per centum of alcohol by volume and thirteen one-hundredths of one per centum by weight, is not prohibited by Code 1906, § 1746. (Per Mates, C. J., and Anderson, J.)</p>