Burnett v. State
Mississippi Supreme Court
FROM the circuit court of Choctaw county. HoN. C. H. Campbell, Judge. The case is stated in the opinion. Evidence that accused paid the federal revenue license tax was incompetent. It had no tendency to show that defendant sold whisky, as alleged, to one liutledge. Failure to allege .and prove the venue was a fatal omission, and objection can be made here for the first time.
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FROM the circuit court of Choctaw county. HoN. C. H. Campbell, Judge. The case is stated in the opinion. Evidence that accused paid the federal revenue license tax was incompetent. It had no tendency to show that defendant sold whisky, as alleged, to one liutledge. Failure to allege .and prove the venue was a fatal omission, and objection can be made here for the first time. As to the venue, see TIeggie v. Stone, 70 Miss., 39. T think the case comes within the reason of the rule laid down in Bryant v. Bfafc, 65 Miss., 435. It was perfectly competent, in corroboration of the state’s witness,…
1Opinion of the CourtCooper, C. J.
An affidavit charging defendant with the unlawful sale of intoxicating liquor was made before the mayor of the town of Ackerman. The offense was alleged to have been committed " in district No. 5, in Choctaw county,” in which county Acker-man is situated. On the trial before the mayor, who is ex officio a justice of the peace, the appellant was convicted. He appealed to the circuit court, and, being again convicted, prosecutes this appeal. In this court the appellant, for the first time, makes the objections (1) that the affidavit on which he was prosecuted does not -lay the venue of the…
2Cases cited2 opinions
- Smith v. StateMississippi Supreme Court · 1881
- Lea v. StateMississippi Supreme Court · 1886
3Cited by7 opinions
- Crum v. StateMississippi Supreme Court · 1953
- Quillen v. StateMississippi Supreme Court · 1914
- Monroe v. StateMississippi Supreme Court · 1912
- Wilkinson v. StateMississippi Supreme Court · 1900
- Wampold v. StateMississippi Supreme Court · 1934
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