Britton v. State

Citations

• 101 Miss. 584
• 58 So. 530

Syllabus

<p>1. Intoxicating Liquors. Change of statute. Increase of penalty. Bight to object. Prosecution. Code 1906, Sec. 1746. Laws 1908. Ch. 115. Laws of 1912, Ch. 214.</p> <p>See. 1746 of the Code of 1906, as amended by Ch. 115 of the Laws-of 1908, in regard to the unlawful sale of liquors was not repealed by Ch. 214 pf the Laws of 1912, but was only amended so as to-impose a more severe penalty for a second and third conviction.</p> <p>2. Criminal- Law. Change of statute. Increase of penalty. Bight to■ object.</p> <p>Where pending the prosecution of accused the law is changed so-as to provide a more severe penalty for a second or third violation, he cannot complain where he is being prosecuted for a first violation.</p> <p>3. Indictment. Penalty. Successive offenses.</p> <p>No person can be punished for a second or third violation if a severer punishment is to be imposed unless the indictment or-affidavit so charge.</p> <p>4. Same.</p> <p>If the indictment does not charge that the offense is a second or third offense, the court will presume it to be a first offense always and inflict punishment accordingly.</p> <p>5. Criminal Law. Change of statute. Prosecution. Code 1906, See. 1573.</p> <p>Under Sec. 1573, Code of 1906, so providing any crime committed prior to a change in a law is prosecuted under the law as it stood' before the change was made.</p>