Trost v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lowndes County. Hon. W. M. Rogers, Judge. Willie Trost and Ike Solomon were jointly indicted at the June term, 1886, of the Circuit Court of Lowndes County for unlawfully selling vinous and spirituous liquors.
Read the full summary
Appeal from the Circuit Court of Lowndes County. Hon. W. M. Rogers, Judge. Willie Trost and Ike Solomon were jointly indicted at the June term, 1886, of the Circuit Court of Lowndes County for unlawfully selling vinous and spirituous liquors. The indictment sets out that Trost and Solomon “ did then and there unlawfully sell vinous liquors and spirituous liquors to one R. B. Nesbit, Jr., in quantities of from one to five gallons, without a license therefor, according to the requirements of the statute in such case made and provided.” The defendants moved to quash the indictment (1) because it…
1Opinion of the CourtArnold, J.
The objections made to the indictment were properly overruled. The negation of authority to sell, as therein alleged, was broad enough to cover all the forms and sources from which license could be derived. Bish. Stat. Crimes (second edition), § 1042.
There was no error in striking out the special plea of appellants. The facts therein stated constituted no defense, and if they had, *194they might have been given in evidence under the general issue. 7 Whart. Or. L., § 558.
The act approved March 11,1884, Acts of 1884, does not apply to towns, cities, or supervisors’ districts in which liquor is…
2Cited by2 opinions
- Gordon v. CorningIndiana Supreme Court · 1910
- Norton v. StateMississippi Supreme Court · 1887