Billington v. State

Mississippi Supreme Court

Billington v. State

105 So. 457, 140 Miss. 179, 1925 Miss. LEXIS 248

CourtMississippi Supreme Court

DecidedOctober 5, 1925

DocketNo. 24813.

StatusPublished

Cited by4 cases

This text of 105 So. 457 (Billington v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Billington v. State, 105 So. 457, 140 Miss. 179, 1925 Miss. LEXIS 248 (Mich. 1925).

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Opinion

*181 Ethridge, J.,

delivered the opinion of the court.

The appellant was indicted for unlawfully having in his possession intoxicating liquors in a quantity exceeding, one quart, and was put upon trial, convicted, fined, and sentenced to a term in the county jail. The evidence used against him was obtained by means of a search warrant. The appellant owned a drug store, a part of which was occupied by him as a living and sleeping room, and a lot of Jamaica, ginger was found in his room, and this was the only intoxicating liquor shown to have been possessed by the defendant.

In Young v. State, and Davison v. Town of Newton (Miss.), 102 So. 161, 36 A. L. R. 717, we held that the statute prohibiting the possession of intoxicating liquors did not apply to articles used as medicines, etc., which might be lawfully possessed for certain purposes, and that the possession of Jamaica ginger, put up in accordance with the United States Pharmacopoeia, recognized as having a *182 proper medicinal value and use, would not sustain a conviction under the statute. See, also Reeves Grocery Co. v. State (Miss.), 103 So. 425, following the above decision. These cases are squarely in point in the case before us, and the judgment and conviction will be reversed, and appellant discharged.

Reversed, and appellant discharged.

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*181 Ethridge, J.,

delivered the opinion of the court.

The appellant was indicted for unlawfully having in his possession intoxicating liquors in a quantity exceeding, one quart, and was put upon trial, convicted, fined, and sentenced to a term in the county jail. The evidence used against him was obtained by means of a search warrant. The appellant owned a drug store, a part of which was occupied by him as a living and sleeping room, and a lot of Jamaica, ginger was found in his room, and this was the only intoxicating liquor shown to have been possessed by the defendant.

In Young v. State, and Davison v. Town of Newton (Miss.), 102 So. 161, 36 A. L. R. 717, we held that the statute prohibiting the possession of intoxicating liquors did not apply to articles used as medicines, etc., which might be lawfully possessed for certain purposes, and that the possession of Jamaica ginger, put up in accordance with the United States Pharmacopoeia, recognized as having a *182 proper medicinal value and use, would not sustain a conviction under the statute. See, also Reeves Grocery Co. v. State (Miss.), 103 So. 425, following the above decision. These cases are squarely in point in the case before us, and the judgment and conviction will be reversed, and appellant discharged.

Reversed, and appellant discharged.

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Bluebook (online)

105 So. 457, 140 Miss. 179, 1925 Miss. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billington-v-state-miss-1925.

Opinion

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