Reyfelt v. State
| Decision Date | 23 December 1895 |
| Court | Mississippi Supreme Court |
| Parties | FRITZ REYFELT v. THE STATE |
October 1895
FROM the circuit court of the second district of Carroll county HON. C. H. CAMPBELL, Judge.
The statute in question is as follows: etc.
The opinion states the case presented by the record.
Affirmed.
Southworth & Stevens, for the appellant.
The evidence shows that the wine in question was not an intoxicating liquor, and would not produce intoxication even when drunk to excess. Under the statute, § 1592, code of 1892, the qualifying phrase or clause, which follows the word "drinks," viz., "which, if drunk to excess, will produce intoxication," relates back to and qualifies the whole preceding sentence, so that it is evident that the meaning is that it is a violation of that section to sell any of those things named in it, or any other drinks which, if drunk to excess, will produce intoxication. The object of the law is to prevent the evils of intemperance, and it is aimed at those things that will produce drunkenness. If this construction of the law be correct, the court below erred in refusing to submit to the jury the question of whether or not the wine sold by the accused would produce intoxication if drunk to excess.
Frank Johnston, attorney-general, for the state.
All wines are vinous liquors, and, in the process of fermentation, become, to a certain limited extent, alcoholic. The legislature prohibited the unlicensed sale of all "vinous" liquors, and there is no power in the courts to engraft an exception upon the statute. The liquor in question was shown to have been "wine," and was, therefore, within the statute.
Argued orally by Frank Johnston, attorney-general, for the state.
The statute, for a violation of which the appellant was convicted, makes it unlawful to sell, inter alia any "vinous or alcoholic" liquor. The defendant sold homemade wine made from the grape and from blackberries, which wine he and his witnesses swore would not intoxicate. He asked the...
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In re Lockman
... ... and fermented liquors" are declared as a matter of law ... to be intoxicating, and it is unnecessary for the state to ... prove that any liquor or beverage falling within the ... enumerated class will in fact produce intoxication ... 3 ... Under the ... Eaves v. State, 113 Ga. 749, 39 S.E. 318; ... Kettering v. Jacksonville, 50 Ill. 39; State v ... O'Connell, 99 Me. 61, 58 A. 59; Reyfelt v ... State, 73 Miss. 415, 18 So. 925; Schwaf v. People, 4 ... Hun (N. Y.), 520; State v. Piner, 141 N.C. 760, ... 53 S.E. 305; Hatfield v ... ...
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Ford v. Easterling, Justice of the Peace
... ... such conditions existing here as would warrant the exercise ... of this power ... State ... of La. ex tel. Galle v. City of New Orleans, 36 So ... 999; Bonnett v. Vollier, 136 Wise. 193, 116 N.W ... 885; Lawton v. Stelle, 152 ... Fuller v. City of Jackson, 97 Miss. 237, 253, 52 So ... 873, 876, 30 L.R.A. (N.S.) 1078; Reyfelt v. State, ... 73 Miss. 415, 18 So. 925, and Edwards v. City of ... Gulfport, 95 Miss. 148, 49 So. 620, where it was held ... that "such liquors ... ...
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Marks v. State
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Purity Extract & Tonic Co. v. Lynch
...to the intoxicating properties of such liquor. Our court has so held in a number of case which I will discuss. In the case of Reyfelt v. State, 73 Miss. 415, the held that home-made wine, whether intoxicating or not, could not be sold because it was a vinous liquor and such liquor was clear......