Jones v. State
Mississippi Supreme Court
From the circuit court of the second district of Yalobusha county. Hon. W. M. Rogers, Judge. Appellant, Lee Jones, and one H. W. Atmore, were jointly indicted. The indictment contained two counts, in the first of which they were chai’ged with selling spirituous liquor to Anderson Brooks, a minor. The second count charged them with selling liquor to Anderson Brooks without a license.
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From the circuit court of the second district of Yalobusha county. Hon. W. M. Rogers, Judge. Appellant, Lee Jones, and one H. W. Atmore, were jointly indicted. The indictment contained two counts, in the first of which they were chai’ged with selling spirituous liquor to Anderson Brooks, a minor. The second count charged them with selling liquor to Anderson Brooks without a license. The defendant, Lee Jones, was tried, and the following verdict was rendered : “ We, the jury, find the defendant guilty as charged in the indictment.” The defendant made a motion for a new trial, which was…
1Opinion of the CourtCooper, J.
There is no objection to the practise of joining in one indictment-counts for separate misdemeanors. Under the indictment in this case the defendant, upon sufficient evidence, might have been con*115victed of one act of retailing without license, and of another act of selling to a minor. The fact that the person to whom both sales were made was the same is immaterial. So also the same act of sale might have been the subject of the two counts. The verdict finds the defendant guilty as charged, which means guilty on both counts. On the motion in arrest of judgment, the court, looking only to the…
2Cited by4 opinions
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- Goins v. StateMississippi Supreme Court · 1929
- Buford v. StateMississippi Supreme Court · 1927
- Jones v. StateMississippi Supreme Court · 1937