Gaston v. State
Mississippi Supreme Court
Appeal from the circuit court of Choctaw county. Hon. J. A. Teat, Judge. Jack Gaston was convicted of unlawful retailing of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. The sentence imposed by the court was as for a second offense, and the indictment fails to charge that the alleged sale was a second offense; and therefore, the court was without power to impose the severer punishment.
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Appeal from the circuit court of Choctaw county. Hon. J. A. Teat, Judge. Jack Gaston was convicted of unlawful retailing of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. The sentence imposed by the court was as for a second offense, and the indictment fails to charge that the alleged sale was a second offense; and therefore, the court was without power to impose the severer punishment. This honorable court held, in the case of Hogget v. State, 57 So. 812, that: “Where a greater punishment may be inflicted for a second subsequent violation of a penal…
1Opinion of the CourtReed, J.
Appellant was convicted on a charge of unlawfully selling intoxicating liquors, and as punishment therefor was sentenced to imprisonment in the county jail for six months.
We find that appellant was given a fair trial, that the court did not commit.any error in the trial, and that the verdict of guilty is supported by the evidence.. The statute under which the indictment was returned is chapter'214 of the Laws of 1912. The' punishment therein provided for the first conviction for an offense committed after the passage of the law is a fine of not less than fifty dollars nor more than five…
2Cited by5 opinions
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- Ainsworth v. StateMississippi Supreme Court · 1949
- Millwood v. StateMississippi Supreme Court · 1941
- Warbington v. StateMississippi Supreme Court · 1958