Legal Opinion

Wheeler v. State

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 7 opinions

Appeal from the Circuit Court of Copiah County. HoN. T. J. Wharton, Judge. A. J. Wheeler was indicted for selling whisk/ without license in violation of a local act in relation to Copiah County, passed by the legislature in 1884. On the trial he moved to quash the indictment, and then after conviction he moved to arrest the judgment because the act under which he was indicted and convicted had been repealed. Both motions were overruled and Wheeler appealed.

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Appeal from the Circuit Court of Copiah County. HoN. T. J. Wharton, Judge. A. J. Wheeler was indicted for selling whisk/ without license in violation of a local act in relation to Copiah County, passed by the legislature in 1884. On the trial he moved to quash the indictment, and then after conviction he moved to arrest the judgment because the act under which he was indicted and convicted had been repealed. Both motions were overruled and Wheeler appealed. The further facts necessary to be stated will be found in the opinion of the court. The “local option” act of 1886, the election…

1Opinion of the CourtArnold, J.

The sale of liquor in Copiah County was regulated by a local act passed in 1884, and appellant was indicted and convicted of a violation of this statute. After the indictment was found, but before appellant was tried, an election was held in Copiah County under the local option act of 1886, which resulted against the sale of liquor in the county. The local option act prescribes penalties for the violation of its provisions, and after excepting from its operation local laws prohibiting the sale of liquors in places where certain institutions of learning are located, it declares, in effect,…

2Cases cited1 opinion

  1. Teague v. StateMississippi Supreme Court · 1872

3Cited by7 opinions

  1. Lindzey v. StateMississippi Supreme Court · 1888
  2. Winterton v. StateMississippi Supreme Court · 1887
  3. State v. MitchellTexas Supreme Court · 1920
  4. Bagley v. StateSupreme Court of Georgia · 1898
  5. Barnes v. StateCourt of Criminal Appeals of Texas · 1914

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