Cage v. State
Mississippi Supreme Court
Appeal from the circuit court of Madison county. Hon. W. A. Henet, Judge. Maggie Cage was convicted of the unlawful sale of liquors and appeals. This is an appeal from a conviction of a violation of the liquor laws of the state.
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Appeal from the circuit court of Madison county. Hon. W. A. Henet, Judge. Maggie Cage was convicted of the unlawful sale of liquors and appeals. This is an appeal from a conviction of a violation of the liquor laws of the state. Section 1762 of the Code of 1906, referred to in the opinion, is as follows: “1762. On the trial of all prosecutions for the violation of law by the sale or giving away of liquors, bitters, or drinks, the state shall not be confined to the proof of a single violation, hut may give in evidence any one or more offenses of the same character committed anterior to the day…
1Opinion of the CourtCook, J.
The indictment in this case, charging appellant with the unlawful selling of intoxicating liquors, lays the date of the crime “on the-day of-, 1911.” Several witnesses were introduced whose testimony proved sev-ral distinct sales in the fall of 1911. In order that evidence may be given of more than one offense occurring anterior to the date laid in the indictment, the date must be specifically laid. Section 1762 of the Code of 1906 does not apply in a case like this. It is not sufficient to merely aver that the offense was committed some time during 1911. If the indictment had laid the date…
2Cited by7 opinions
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