Rocco v. State
Mississippi Supreme Court
Error to Yazoo circuit court. Henry, J. This was an indictment in the court below for retailing vinous and spirituous liquors, without license, to one John Hobart, and to divers others to the grand jurors unknown, in the first count.
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Error to Yazoo circuit court. Henry, J. This was an indictment in the court below for retailing vinous and spirituous liquors, without license, to one John Hobart, and to divers others to the grand jurors unknown, in the first count. The second count contained the same charge, with the additional averment that the prisoner “ suffered and permitted the liquors to be drunk in his house and on his premises.” ' To this indictment the prisoner pleaded specially a former conviction for the same offense, and set out with his plea the record of his conviction, from which it appeared that at the same…
1Opinion of the Court
Handy, J.:
The plaintiff in error was indicted for unlawfully selling and retailing vinous and spirituous liquors in less quantities than one gallon, without license. The indictment contained two counts, the first charging that the defendant sold the vinous and spirituous liquor to John Hobart, and divers other persons to the jurors unknown, and the second that he sold vinous and spirituous liquor to John Hobart and divers other persons to the *1287jurors unknown, and permitted the ■ same to he drunk on his premises.
The defendant pleaded a former conviction for the same offense, and incorporated in…
2Cases cited1 opinion
- Foster v. CommonwealthSupreme Court of Pennsylvania · 1844
3Cited by20 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1936
- Burton v. StateMississippi Supreme Court · 1955
- Riley v. StateMississippi Supreme Court · 1871
- State v. PianfettiSupreme Court of Vermont · 1906
- State v. PriceSupreme Court of Iowa · 1905
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