Blumenberg v. State
Mississippi Supreme Court
Error to the Circuit Court of Attala County. Hon. William Cothran, Judge. The case is stated in the opinion of the court. The record presents a case of an indictment for unlawfully retailing spirituous liquors to one man, and a conviction, under that indictment, for retailing to another. The accused is indicted for one offense, and convicted of another. There-was no “ misdescription ” of the person to whom the liquors were charged to have been sold.
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Error to the Circuit Court of Attala County. Hon. William Cothran, Judge. The case is stated in the opinion of the court. The record presents a case of an indictment for unlawfully retailing spirituous liquors to one man, and a conviction, under that indictment, for retailing to another. The accused is indicted for one offense, and convicted of another. There-was no “ misdescription ” of the person to whom the liquors were charged to have been sold. The question then arises, Can a man be tried for unlawfully selling whisky to one person, on an indictment that charges a sale to another? If…
1Opinion of the CourtChalmers, J.
The plaintiff in error was indicted for unlawfully selling liquor to J. T. Middlebrook. Upon the trial the proof established the fact that he had sold the liquor to A. T. Middle-brook, and thereupon the district attorney amended the indictment, by leave of court, against the objection of the accused, by changing the name in the indictment. If we could regard this as a mere mistake in the name, and the correction as conforming the indictment to the person intended by the grand jury, the amendment would be proper, under section 2799 of the Code of 1871, as expounded in Miller v. The State, 53…
2Cases cited1 opinion
- Miller v. StateMississippi Supreme Court · 1876
3Cited by14 opinions
- Rhymes v. StateMississippi Supreme Court · 1994
- Quick v. StateMississippi Supreme Court · 1990
- Jones v. StateMississippi Supreme Court · 1973
- Woods v. StateMississippi Supreme Court · 1939
- Bingham v. StateMississippi Supreme Court · 1983
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