Oliver v. State
Mississippi Supreme Court
Appeal from the circuit court of Lafayette county. Hon. H. K. Mahon, Judge. Will Oliver was convicted of the unlawful sale of intoxicating liquor, and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lafayette county. Hon. H. K. Mahon, Judge. Will Oliver was convicted of the unlawful sale of intoxicating liquor, and appeals. The facts are fully stated in the opinion of the court. Section 1762 of the Code of 1906 is very broad in its scope; it allows ever so many sales to be given in evidence but it does say that the state is confined to sales made “anterior to the date laid in the indictment”— not the day of “filing” of the indictment, where the date is laid. Moses v. State, 56 So. 457, covers this' case in full. The date in this case is immaterial — it is…
1Opinion of the CourtSmith, J.
This appeal is from a conviction for the unlawful sale of intoxicating liquor. The indictment was turned into court by the grand jury on the 15th day of March, 1911, and charged that the defendant, on the 15th day of February, 1911, in said county, did unlawfully sell vinous, spirituous, malt, alcoholic, and intoxicating liqors, etc. The day on which the sale was actually made was not shown by the evidence; the witnesses, simply •.stating that it occurred some time in February, 1911.
Appellant claims that he was entitled to a peremptory instruction, for the reason that it was not shown that…
2Cases cited3 opinions
- Miazza v. StateMississippi Supreme Court · 1872
- Moses v. StateMississippi Supreme Court · 1911
- McCarty v. StateMississippi Supreme Court · 1872
3Cited by6 opinions
- Kokas v. CommonwealthCourt of Appeals of Kentucky · 1922
- Peebles v. StateMississippi Supreme Court · 1913
- Prine v. StateMississippi Supreme Court · 1926
- Smith v. StateMississippi Supreme Court · 1926
- State v. ClarkMississippi Supreme Court · 1926
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