De Marco v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. After conviction under an indictment returned on Dec. 10, 1880, for selling vinous and spirituous liquors on Nov. 2,1880, in less quantities than one gallon without license, the appellant moved in arrest of judgment, upon the ground that Code 1871, § 2690, imposing a penalty for retailing liquor without license, was repealed by the Code of 1880, which took effect on November 1 of that year; and also…
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Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. After conviction under an indictment returned on Dec. 10, 1880, for selling vinous and spirituous liquors on Nov. 2,1880, in less quantities than one gallon without license, the appellant moved in arrest of judgment, upon the ground that Code 1871, § 2690, imposing a penalty for retailing liquor without license, was repealed by the Code of 1880, which took effect on November 1 of that year; and also moved for a new trial, upon the ground that the court erred in charging the jury that the offence need not be proved to have…
1Opinion of the CourtCooper, J.
Both under the Code of 1871 and that of 1880, it is a misdemeanor for one not having a license to sell vinous or spirituous liquors in the quantity named in the indictment. The indictment, though framed by the draughtsman in accordance with the provisions of the Code of 1871, is yet good under the Code of 1880. The date of the offence is laid on the second of November, or one day after the Code of 1880 went into operation. The proof shows that the offence was committed before that day, i. e. in the summer of 1880. On a motion to quash, or in arrest of judgment, the indictment would stand,…
2Cited by2 opinions
- Carraway v. StateMississippi Supreme Court · 1933
- Hart v. StateMississippi Supreme Court · 1928