Lea v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Tate County. Hoh. A. T. Roane, Judge. L. C. Lea was indicted at the April term, 1885, of the Circuit Court of Tate County for retailing vinous and spirituous liquors without license. The indictment charges that L. C. Lea, on April 6,1885, “in the county of Tate aforesaid and State aforesaid, unlawfully did sell vinous and spirituous liquors in a less quantity than one gallon without having a license so to do.”
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Appeal from the Circuit Court of Tate County. Hoh. A. T. Roane, Judge. L. C. Lea was indicted at the April term, 1885, of the Circuit Court of Tate County for retailing vinous and spirituous liquors without license. The indictment charges that L. C. Lea, on April 6,1885, “in the county of Tate aforesaid and State aforesaid, unlawfully did sell vinous and spirituous liquors in a less quantity than one gallon without having a license so to do.” The defendant moved to quash the indictment (1) because it is double in charging the sale of different kinds of liquors; (2) because the indictment…
1Opinion of the CourtArnold, J.
There is no merit in the objection made to the indictment that it is double,.because it alleges in the same count that both vinous and spirituous liquors were sold. The selling of one or both, as charged, was criminal. Murphy v. The State, 28 Miss. 637.
We are satisfied with the decisions in this State, which hold that in an indictment for selling liquor it is not necessary to allege the name of the person to whom it was sold. Wharton says that this is the general rule on the subject, and that in view of the fact that the offense is not directed against an individual, but, like nuisance, is…
2Cases cited2 opinions
- Murphy v. StateMississippi Supreme Court · 1872
- Ex parte PhillipsMississippi Supreme Court · 1879
3Cited by14 opinions
- Jones v. StateMississippi Supreme Court · 2005
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- Fire Insurance v. StateMississippi Supreme Court · 1897
- Buford v. StateMississippi Supreme Court · 1927
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