Quin v. State
Mississippi Supreme Court
Erom the circuit court of Pike county. Hon. James B. Sternberger, Special Judge'. The state, appelee, caused a quantity of intoxicating liquors to be seized' under the provisions of the laws of 1900 (chap. 105, p. 142), which provides therefor, on the affidavit before a justice of the peace, of any creditable person that he has- reason to believe, and does believe, that such liquors are being kept and offered for sale or . . . sold in violation of law in any room or building…
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Erom the circuit court of Pike county. Hon. James B. Sternberger, Special Judge'. The state, appelee, caused a quantity of intoxicating liquors to be seized' under the provisions of the laws of 1900 (chap. 105, p. 142), which provides therefor, on the affidavit before a justice of the peace, of any creditable person that he has- reason to believe, and does believe, that such liquors are being kept and offered for sale or . . . sold in violation of law in any room or building designated in the affidavit. The statute requires the issuance of a search warrant and writ of seizure, but does not…
1Opinion of the CourtWhitfield, C. J.
Whether chapter 105 of the acts of 1900 is constitutional or not — and we are inclined to think it is, although not now deciding that point — this appellant is in no condition to question it on the ground on which he puts his assault. His own contention is that the act is unconstitutional because not providing for notice, and yet the appellant appeared,- and has contested the case through all the courts. The only purpose notice would serve has been acomplished in his case, and courts- do not pass upon the constitutionality of statutes at the instance of parties not in a position to question…
2Cited by3 opinions
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