Norton v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. The case is sufficiently stated in the opinion of the Court. I. The omission in the indictment before us is an allegation that an election was held, etc. If this statute unconditionally prohibited the sale, this indictment would be free from objection ; but it only prohibits after an election has been held.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. The case is sufficiently stated in the opinion of the Court. I. The omission in the indictment before us is an allegation that an election was held, etc. If this statute unconditionally prohibited the sale, this indictment would be free from objection ; but it only prohibits after an election has been held. The election and its results are facts entering into and forming the very basis on which the prosecution must proceed. Under the license law, it has always been held that the indictment must contain an allegation to…
1Opinion of the CourtArnold, J.
Appellant was indicted and convicted of selling whiskey. The indictment charges that the sale was made “ without any authority so to do, contrary to the form of the statute,” etc. The general laws of the State prohibit all sales of vinous or spirituous liquor without license. The local option act, when put in force, abolishes the license system and makes all sales of alcoholic, vinous, spirituous or intoxicating liquor unlawful, with the exception or proviso that licensed druggists may sell or furnish pure alcohol for medicinal, scientific or mechanical purposes. The local option act…
2Cases cited2 opinions
- People v. ButlerNew York Supreme Court · 1824
- Trost v. StateMississippi Supreme Court · 1886
3Cited by5 opinions
- People v. MuellerCalifornia Supreme Court · 1914
- Craig v. RenakerCourt of Appeals of Kentucky · 1923
- State v. MitchellTexas Supreme Court · 1920
- State v. BertrandMississippi Supreme Court · 1895
- West v. StateMississippi Supreme Court · 1893