Peebles v. State
Mississippi Supreme Court
Appeal from tbe circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Annie Peebles was convicted of the unlawful sale of liquor and appeals: The facts are fully stated in the opinion of the court.
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Appeal from tbe circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Annie Peebles was convicted of the unlawful sale of liquor and appeals: The facts are fully stated in the opinion of the court. The only reason assigned by the court, in its opinion rendered in this canse, for the affirmance 6f same, is that appellant “waived any right (to prove an alibi) by not calling the court’s attention to it at the earliest possible moment, after making the discovery” that she could so prove same. Because of this statement, I assume that this court evidently overlooked that phase of the…
1Opinion of the CourtSmith, C. J.
This is an appeal from a conviction for the unlawful sale of intoxicating liquor. The date of sale alleged in the indictment was the 4th day of January, 1913; the date proven on the trial was the 27th day of October, 1912.
Appellant, in her motion for a new trial, claims that she was unable to obtain from the state’s .witnesses any information relative to the date of sale, and therefore prepared her case for trial on the theory that the date laid in the indictment was the true date, that she was taken by surprise when the date proven varied from the date laid in the indictment, and that if she…
2Cases cited3 opinions
- Miazza v. StateMississippi Supreme Court · 1872
- Oliver v. StateMississippi Supreme Court · 1911
- McCarty v. StateMississippi Supreme Court · 1872
3Cited by2 opinions
- Davis v. StateCourt of Appeals of Mississippi · 2003
- Nash v. SmithMississippi Supreme Court · 1923