Barnes v. State

The appellant, Stanley Barnes, was convicted in the Circuit Court of Marion County of the unlawful sale of intoxicating liquor, second offense. He was fined $600 and sentenced to serve six months in jail. The fine was $100 in excess of the maximum fine and the jail sentence was the maximum. Sec. 2613 (b), Code of 1942; Jenkins *250v. State, 207 Miss. 281, 42 So. 2d 198. The imposition of the excessive fine was not assigned as error.

Appellant made a motion for a new trial on the ground that the trial judge had prejudged the penalty and was biased and prejudiced against the appellant because the…