M'Ewin v. State
Mississippi Supreme Court
Appeal from the circuit court of Pontotoc county. Indictment November term, 1841, of circuit court of Ponto-toc county, against William Mann, for selling spirituous liquors in less quantities than one gallon. The clerk issued a capias and endorsed thereon, “Let tbe defendant be recognized, himself in tbe sum of $250, with two sureties in the sum of $125 each, conditioned as the law requires.”
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Appeal from the circuit court of Pontotoc county. Indictment November term, 1841, of circuit court of Ponto-toc county, against William Mann, for selling spirituous liquors in less quantities than one gallon. The clerk issued a capias and endorsed thereon, “Let tbe defendant be recognized, himself in tbe sum of $250, with two sureties in the sum of $125 each, conditioned as the law requires.” On 3rd March, sheriff arrested Mann and took his recognizance in the sum of $200, and that of Wardlaw and M’Ewin, his sureties, in $190 each. On 23rd March, 1842, court having commenced its session on…
1Opinion of the Court
Thacher, J.:
This was an appeal from the Circuit Court of Pontotoc county.
The first objection stated is that a capias issued on an indictment for retailing spirituous liquors in less quantity than one *234gallon, when the proper process was a summons or venire facias in the nature of a summons. The offense is punishable by imprisonment as well as fine, and a capias was the proper process to bring the body into court. Such process has long been in practice in England, after indictment, in the case of misdemeanors, and is the practice here, except in cases punishable by fine only. This, however,…
2Cited by9 opinions
- Lewis v. StateMississippi Supreme Court · 1929
- Phillips v. CooperMississippi Supreme Court · 1874
- Gilbert v. McEachenMississippi Supreme Court · 1860
- Murrah v. StateMississippi Supreme Court · 1875
- Moody v. GrantMississippi Supreme Court · 1867
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