Woodall v. State

93 So. 366, 129 Miss. 854

Opinion

Smith, C. J.,

delivered the opinion of the court.

The appellant was tried and convicted on an indictment charging him with the unlawful sale of intoxicating liquor. The evidence discloses a barter, and not a sale of the liquor, being that the appellant gave the prosecuting witness a pint of whiskey and one dollar in cash in exchange for a hog. An indictment charging a sale is not sustained by proof of a barter. State v. Austin (Miss.), 23 So. 34; Jones v. State, 108 Miss. 530, 66 So. 987, L. R. A. 1915C, 648; Black on Intoxicating Liquors, section 406; 23 Cyc. 181; 17 A. & E. Ency. of Law (2 Ed.), 298. The statute recognizes the difference between a sale and a barter; its provisions being that “if any person shall sell or barter, . . any vinous, alcoholic, malt, intoxicating, or spirituous liquors,” etc.

Reversed and remanded.