Harvey v. State

Citations

• 95 Miss. 601
• 49 So. 268

Syllabus

<p>1. Criminal Law and Procedure. Intoxicating liquors. Sales. Code 1906, § 1762. Evidence. More than one sale.</p> <p>Code 1906, § 1762, .authorizing the state in prosecutions for the unlawful sales of intoxicating liquors to introduce evidence showing more than one sale, does not render admissible evidence of sales the .prosecution of which is barred by .limitation, nor evidence of other sales not sufficiently certain to justify a conviction.</p> <p>2. Instructions. Circuit court. Practice. When to he acted upon. When read to jury.</p> <p>It is reversible error for a trial court to require tbe argument of a case to- tbe jury to precede action on instructions asked, and it is also error to refuse to allow tbe instructions to be read to tbe jury before argument concluded. Mayes, J., in concurring opinion.</p>