Smith v. State
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. J. M. Cashin, Judge. George Smith was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. 1. The trial court erred in sustaining the demurrer of the state to the plea of autrefois convict interposed by appellant.
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Appeal from the circuit court of Washington county. Hon. J. M. Cashin, Judge. George Smith was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. 1. The trial court erred in sustaining the demurrer of the state to the plea of autrefois convict interposed by appellant. The plea of autrefois convict interposed by appellant herein met all of the requirements of law and was valid'. It set out therein in substance in the following allegations: (a) A former conviction; (b) of an offense cognizable by the court of a justice of the peace, which…
1Opinion of the CourtCook, J.
Appellant was indicted in the circuit court of "Washington county for the unlawful sale of intoxicating liquors. He pleaded in bar a former conviction for the identical offense charged in the indictment, by a justice of the peace competent to try the case. The state demurred to this plea, the demurrer was sustained, appellant was placed upon trial, and convicted. '
We have been unable to conceive why this demurrer was sustained. If the facts stated in the plea were true, appellant was undoubtedly entitled to a discharge. The demurrer confessed the truthfulness of the avermentsof the plea, and…
2Cited by1 opinion
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