Winterton v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Panola County. Hon. A. T. Eoane, Judge. At the May term, 1887, of the Circuit Court of Panola County, Gr. W. and H. E. Winterton were indicted, under the provisions of the Code of 1880, for retailing intoxicating liquors without license.
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Appeal from the Circuit Court of Panola County. Hon. A. T. Eoane, Judge. At the May term, 1887, of the Circuit Court of Panola County, Gr. W. and H. E. Winterton were indicted, under the provisions of the Code of 1880, for retailing intoxicating liquors without license. To this indictment the defendants pleaded in abatement, at the November term, 1887, that in July, 1887, an election' was held in Panola County in pursuance of an act of the Legislature known as “The Local Option” Act, (Acts of 1886, p. 35,) and that such election resulted in a vote of the county “against the sale ” of liquors…
1Opinion of the CourtArnold, J.
The demurrer to the plea in abatement was properly sus*241tainecl. The local option act operates only on offences against ■ its provisions, and committed after it goes into effect. It makes no reference to, or provision for, the prosecution or punishment of offences under former laws. If its effect were to repeal all former laws regulating the sale of liquor, as it does certain local acts on that subject, offences against them, could not be after-wards prosecuted or punished, for the reason, that there is no reservation of the right to do so, in the act. Wheeler v. The State, 64 Miss., 462.
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2Cases cited3 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Wheeler v. StateMississippi Supreme Court · 1886
- Hearn v. BroganMississippi Supreme Court · 1886
3Cited by5 opinions
- Mernaugh v. City of OrlandoSupreme Court of Florida · 1899
- State v. WingfieldSupreme Court of Missouri · 1893
- Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1915
- State v. MitchellTexas Supreme Court · 1920
- Kerr v. MohrCourt of Appeals of Texas · 1907