Miller v. State
Mississippi Supreme Court
From the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Miller, appellant, was prosecuted for a misdemeanor, convicted in the court below and appealed to the supreme court. The opinion states the case..
1Opinion of the CourtCalhoon, J.
The original affidavit is an attempt, in one paragraph, to charge both an unlawful sale of intoxicants and a solicitation of orders for sale, but, as matter of law, it charges neither. The district attorney, seeing the defects, got leave and filed an ‘ ‘ amended affidavit’ ’ which confines the charge to the solicitation, but, inadvertently, omits to conclude with the words required by the constitution “against the peace and dignity of the state,” which are indispensable. Constitution 1890, sec. 169; State v. Morgan, 79 Miss., 659. Love v. State, 8 So. Rep., 465.
Because of this omission the…
2Cases cited1 opinion
- State v. MorganMississippi Supreme Court · 1901
3Cited by3 opinions
- Brandau v. StateMississippi Supreme Court · 1995
- Clingan v. StateMississippi Supreme Court · 1924
- Cary A Clark v. State of MSMississippi Supreme Court · 1996