State v. Bertrand
Mississippi Supreme Court
From the circuit court of Perry county. HON. S. H. Terral, Judge. Appeal by the state from a judgment sustaining a demurrer to an indictment.
Read the full summary
From the circuit court of Perry county. HON. S. H. Terral, Judge. Appeal by the state from a judgment sustaining a demurrer to an indictment. The indictment, which was for the unlawful sale of intoxicating liquors, alleged ‘‘ that John Bertrand, on the twenty-eighth day of May, 1894, in Perry county, did unlawfully sell and retail intoxicating liquors and drinks, against the peace ahd dignity of the state of Mississippi. ’ ’ Accused demurred to the indictment, on the ground that it failed to allege a local option election had been held, or to show the result of the election, and because it…
1Opinion of the CourtCooper, C. J.
We know, because we are by law required to take judicial notice of the fact, that, at the time laid in the indictment, there had been a local option election held in Perry county, resulting against the sale of intoxicants therein. Code 1892, § 1621.
There could not have been a lawful sale of intoxicating liquor in the county, for no license might be lawfully granted in that county, and in no part of the state may one lawfully retail without license. The indictment therefor sufficiently charged a violation of law. Norton v. State, 65 Miss., 297. It was unnecessary to aver in the indictment that…
2Cases cited4 opinions
- Choen v. StateIndiana Supreme Court · 1882
- Jackson v. StateSupreme Court of Georgia · 1883
- Norton v. StateMississippi Supreme Court · 1887
- United States v. WilliamsDistrict Court, D. Indiana · 1869
3Cited by2 opinions
- Irby v. StateMississippi Supreme Court · 1907
- Davis v. StateCourt of Appeals of Mississippi · 2014