Quillen v. State
Mississippi Supreme Court
Appeal from the circuit court of Tishomingo county. HoN. Claude ClaytoN, Judg'e. Earnest Quillen was convicted of the unlawful sale of liquors and appeals. The facts are fully stated in the opinion of the court. On an examination of the record we find that the venue was not proven by the state on the trial of this cause, so we respectfully submit that the motion for a new trial should have been sustained and that the-case should be reversed by this court.
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Appeal from the circuit court of Tishomingo county. HoN. Claude ClaytoN, Judg'e. Earnest Quillen was convicted of the unlawful sale of liquors and appeals. The facts are fully stated in the opinion of the court. On an examination of the record we find that the venue was not proven by the state on the trial of this cause, so we respectfully submit that the motion for a new trial should have been sustained and that the-case should be reversed by this court. Cagle v. State, 63 So. 672. We submit that the assignment of error- of appellant is without merit, because in his motion for a new trial…
1Opinion of the CourtReed, J.
Appellant was convicted on a charge of unlawful sale of intoxicating liquors, and was sentenced to pay a fine of two hundred dollars and to serve a term of ninety days in the county jail. He assigns as error the failure of the state to prove venue. The indictment charged that the offense was committed in Tishomingo county, but we are unable to find any testimony in the record to prove that the sale took place in that county. For this failure to prove venue this case is reversed. Cagle v. State, 63 So. 672.
There was no exception made during the trial to the failure of the state to prove venue.…
2Cases cited4 opinions
- Lea v. StateMississippi Supreme Court · 1886
- Cagle v. StateMississippi Supreme Court · 1913
- Hunt v. StateMississippi Supreme Court · 1884
- Burnett v. StateMississippi Supreme Court · 1895
3Cited by13 opinions
- Crum v. StateMississippi Supreme Court · 1953
- Slaton v. StateMississippi Supreme Court · 1924
- Dorsey v. StateMississippi Supreme Court · 1926
- Thompson v. StateMississippi Supreme Court · 1929
- Nuckolls v. StateMississippi Supreme Court · 2015
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