Williams v. State
Mississippi Supreme Court
Appeal from circuit court of ¡Simpson county. Hon. W. H. Hughes, Judge. Ascus Williams was convicted of unlawfully selling intoxicating liquors, and he appeals. We concede that this defendant was guilty of selling-whiskey on this occasion as shown by the record. We concede that on two former occasions he pleaded guilty to 'selling whiskey for two separate offenses and was fined fifty dollars and five days in jail in each.
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Appeal from circuit court of ¡Simpson county. Hon. W. H. Hughes, Judge. Ascus Williams was convicted of unlawfully selling intoxicating liquors, and he appeals. We concede that this defendant was guilty of selling-whiskey on this occasion as shown by the record. We concede that on two former occasions he pleaded guilty to 'selling whiskey for two separate offenses and was fined fifty dollars and five days in jail in each. But we contend that there was no punishment and convictions under section 2086 of Hemingway’s Code for.the first and second offense; that there is no. legal proof of any…
1Opinion of the CourtSykes, J.
The appellant was indicted, tried, convicted and sentenced to serve a term of five years in the penitentiary under section 1 (c) of chapter 214, Laws 1912 (section 2086, Hemingway’s Code). Section 1(c), relating to a' punishment for the unlawful sale of liquor under this act, *354provides that this punishment shall be “by imprisonment in the state' penitentiary not less than one year nor more than five years, if the conviction is for an offense under this. act committed after the person convicted has been convicted and punished for two former offenses hereunder.1” The testimony relating to the…
2Cases cited5 opinions
- Boroum v. StateMississippi Supreme Court · 1913
- Jones v. WilliamsMississippi Supreme Court · 1884
- Childress v. CarleyMississippi Supreme Court · 1908
- Gaston v. StateMississippi Supreme Court · 1914
- Hammond-Gregg Co. v. BradleyMississippi Supreme Court · 1918
3Cited by8 opinions
- Jackson v. StateMississippi Supreme Court · 1982
- Lay v. StateMississippi Supreme Court · 1975
- State v. EstesNebraska Supreme Court · 1991
- Ainsworth v. StateMississippi Supreme Court · 1949
- Arbuckle v. StateCourt of Criminal Appeals of Texas · 1937
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