King v. State
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Dorcas King was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. Appellant should have been permitted to present her special plea of autrefois acquit to the jury at the beginning of the trial when the issues in the case were being presented to the jury.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Dorcas King was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. Appellant should have been permitted to present her special plea of autrefois acquit to the jury at the beginning of the trial when the issues in the case were being presented to the jury. American and English Encyclopedia of Pleading and Practice, page 629', section 5. It is an issue that lies distinctly within the province of the jury. “The plea being one of mixed nature involving matters of fact,…
1Opinion of the CourtAnderson, J.
The appellant, Dorcas King, was convicted in the circuit court of Lauderdale county of the unlawful sale of intoxicating liquors, and appeals to this court. The appellant interposed a plea of autrefois acquit. The state neither demurred nor replied to this plea, and the court refused to permit appellant to present to the jury the issue proposed by the plea. The record of the alleged former acquittal, including the testimony introduced on behalf of the state, is made part of the plea, and shows' these facts: At the July term, 1909, two indictments were returned against the appellant, charging…
2Cases cited1 opinion
- Wadley v. StateMississippi Supreme Court · 1909
3Cited by1 opinion
- State v. GrayMississippi Supreme Court · 1916