Legal Opinion

McGuire v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 13 opinions

Error to La Fayette circuit court. Thompson, J". M. J. McGuire was indicted in the court below for selling vinous and spirituous liquors in less quantities that five gallons, within five miles of the University of Mississippi, under the Act of 28th February, 1848, Rev. Code, 156, § 4. The first section of this act prohibits the sale of vinous and spirituous liquors in less quantities than five gallons, within five miles of the uniwersity, and contains the following proviso:…

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Error to La Fayette circuit court. Thompson, J". M. J. McGuire was indicted in the court below for selling vinous and spirituous liquors in less quantities that five gallons, within five miles of the University of Mississippi, under the Act of 28th February, 1848, Rev. Code, 156, § 4. The first section of this act prohibits the sale of vinous and spirituous liquors in less quantities than five gallons, within five miles of the uniwersity, and contains the following proviso: “Provided, however, nothing herein. shall be construed to prohibit the sale of vinous and spirituous liquors in less…

1Opinion of the Court

Handy, J.:

The plaintiff in error was indicted and convicted for unlawfully selling spirituous liquors in less quantity than five gallons, within five miles of the University of Mississippi.

Several bills of exception were taken in the court below, which present the grounds of error here assigned.

The first ground of exception was, that after the jury had been empaneled and sworn, the district attorney objected to one Addington, who had been sworn on the panel, sitting as a juror in the case, because there were then pending in that court several indictments against him for retailing spirituous…

2Cases cited4 opinions

  1. People v. DamonNew York Supreme Court · 1835
  2. Williams v. StateMississippi Supreme Court · 1872
  3. Lewis v. StateMississippi Supreme Court · 1872
  4. Haynie v. StateMississippi Supreme Court · 1872

3Cited by13 opinions

  1. State v. OstranderSupreme Court of Iowa · 1865
  2. Brown v. StateMississippi Supreme Court · 1879
  3. State v. AndersonNew Mexico Supreme Court · 1918
  4. Black v. StateCourt of Criminal Appeals of Texas · 1904
  5. Smith v. StateMississippi Supreme Court · 1884

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