Legal Opinion

Botto v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 1 opinion

irror to Warren circuit court. BaRNEtt, J. The opinion contains the facts of the case. Cited Hutch. Code, 271, § 4; ib., 270, § 2; Legori v. State, 8 S. & M., 697.

1Opinion of the Court

Fisher, J.:. The defendant below was convicted at the May term, 1858, of the circuit court of Warren county, of retailing spirituous liquors in less quantity than one gallon without a license.

The indictment charges, in general terms, that the retailing was in the county of Warren. The proof shows, that it was on a wharf-boat, in the city of Vicksburg.

Upon this evidence, the jury founded a verdict of guilty, and the court pronounced judgment.

It is true that evidence was introduced on the trial showing that Vicksburg was in the county of Warren. But this, coupled with other evidence, was…

2Cases cited1 opinion

  1. Legori v. StateMississippi Supreme Court · 1872

3Cited by1 opinion

  1. Seifried v. CommonwealthSupreme Court of Pennsylvania · 1882

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