Hart v. State

Citations

• 87 Miss. 171
• 39 So. 523

Syllabus

<p>1. Constitutional Law. Statutes. Presumptions.</p> <p>A statute will not be adjudged unconstitutional unless it plainly conflicts with some provision of the fundamental law; and conflicts will not be presumed.</p> <p>2. Same. Constitution 1890. Constitution United States, art. 1, sec. 8, cl. 3. II)., fourteenth amendment, sec. 1. Dramshops. Code 1892, § 1604. Intoxicants. Aiding unlawful sale.</p> <p>Code 1892, § 1604, making it a misdemeanor to act as agent for either the seller or buyer in effecting an unlawful sale of intoxicants, in territory where the sale is prohibited, does not violate:</p> <p>(a) Any section of the Constitution 1890; nor</p> <p>(S) The interstate commerce clause of United States Constitution, art. 1, sec. 8, cl. 3; nor</p> <p>(e) The fourteenth amendment to United States Constitution, sec. 1, forbidding any state to abridge the privileges or immunities of citizens of the United States.</p> <p>3. Same. Illegal sale. Concrete case.</p> <p>Where an agent of a firm of Louisiana liquor dealers, composed-of himself and a copartner, took an order and received the purchase price of whisky in Mississippi, at a place in which the sale of intoxicants was prohibited, and the firm delivered the whisky in Louisiana to a common cazrier for transportation and delivery in Mississippi to the purchaser, in pursuance of the order, a prosecution will lie in Mississippi against the agent under said statute, the whisky having been so transported and delivered by the carrier.</p>