Jenkins v. State

Citations

• 82 Miss. 500

Syllabus

<p>1. Intoxicating Liquobs. Procuring for inebriate. Knowledge. Code 1892, $1594.</p> <p>Knowledge is* not of the essence of the offense- created by Code 1892, § 1594, making it unlawful to procure intoxicants for one in the ha-bit of becoming intoxicated.</p> <p>2. Same’. Indictment. Surplusage.</p> <p>If it be charged in an indictment for such offense that the accused knew that the person for whom the intoxicants were procured was in the habit of becoming intoxicated, and that the accused was not his parent or guardian and did not stand in loco pao'entis to- such person, the averments are surplusage and need not be proved.</p> <p>3. Same. Actual delivery.</p> <p>It is unnecessary to prove in such case that the defendant actually delivered the intoxicants to the inebriate for whom they were procured, since one can procure an article for another without making the actual delivery.</p>