Riley v. State

Citations

• 43 Miss. 397
• 2 Morr. St. Cas. 1632

Syllabus

<p>1. Illicit Retailing of Intoxicating Dbinks — Pbincipal and Agent. — The proprietor of a drug store is liable for the acts of his agents or clerks in the unlawful sale of intoxicating drinks, even though such sales be without his knowledge and against his express orders.</p> <p>2. Indictment — Pbactioe.—In an indictment against a druggist for illicit sale of intoxicating liquors it is not necessary to allege the name of the person to whom sold.</p> <p>3. Evidence. — On the trial of an indictment for illicit traffic in vinous or spirituous liquors, proof of an agreement to sell is not sufficient; there must be proof of an actual delivery of the liquors. There need not be proof of payment, because a sale on credit is as much a violation of law as a sale for cash.</p>