Goode v. State

Citations

• 87 Miss. 495
• 40 So. 12

Syllabus

<p>1. Intoxicating Liquors. Unlawful sale. Medicine.</p> <p>The sale of a decoction, intended primarily as a medicine, although it will produce intoxication when drunk to excess, is not a violation of the statute, Code 1892, § 1592, prohibiting the sale of intoxicants, unless it were sold as a beverage, and not as a medicine.</p> <p>2. Same. Presumption. Prima facie case.</p> <p>In a prosecution for selling intoxicants, the state makes out a prima faeie case of guilt by proof of the sale by the defendant and of the intoxicating nature of the liquor.</p> <p>8. Same. Instruction.</p> <p>Where, on a prosecution for the unlawful sale of intoxicants, it appeared that the defendant had sold a bottle of bitters, and that the bitters when drunk to excess would produce intoxication, and the defense was that the intoxicant was sold as a medicine, it was error, as ignoring the defense, to instruct the jury that if defendant asked no question as to whether the purchaser wanted to use the bitters as a beverage or a medicine he was guilty.</p>