McDonald v. State
Mississippi Supreme Court
From the circuit court of Franklin county. HoN. W. P. Cassedy, Judge. Appellant was convicted of unlawfully selling intoxicating liquors in violation of the act of March 11, 1886, commonly known as the local option law, and was sentenced to pay a fine of $50 and be imprisoned for thirty days. The sole question presented here is the correctness of the court’s action in overruling the motion of accused to quash the indictment.
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From the circuit court of Franklin county. HoN. W. P. Cassedy, Judge. Appellant was convicted of unlawfully selling intoxicating liquors in violation of the act of March 11, 1886, commonly known as the local option law, and was sentenced to pay a fine of $50 and be imprisoned for thirty days. The sole question presented here is the correctness of the court’s action in overruling the motion of accused to quash the indictment. It is alleged in the indictment that an election was duly held under the said act of 1886, and resulted in a majority of votes being cast “ against the sale,” and that…
1Opinion of the CourtCampbell, C. J.
By sec. 4 of “ An aet for preventing the evils of intemperanee,” etc., approved March 11, 1886, it is provided that the “ commissioners of election shall canvass the returns so made to them, and shall ascertain and determine the result, and shall within ten days after the election make a written report to the board of supervisors, verified by their affidavits, of the result so declared by them upon such canvass and return, which said report shall be spi'ead upon the minutes of the board,” etc. This is made the evidence of the result of the election, and is the only evidence on the subject…
2Cited by3 opinions
- Hoyle v. StateMississippi Supreme Court · 1953
- Puckett v. StateMississippi Supreme Court · 1893
- Conrad v. StateMississippi Supreme Court · 1893