Burnett v. State

Citations

• 72 Miss. 994

Syllabus

<p>1. Obiminai. Procedure. Afflda/ott. 1enuc. Failure to object. Code 1893, U 8(5/1354, 1356.</p> <p>Since, by <! 2430. code 1892, the criminal jurisdiction of a mayor as ex officio justice is restricted to, the corporate limits, an affidavit before him charging a misdemeanor to have been committed in the district in which the town is situated, but not averring- that it was in the town, states an imperfect venue; but, the affidavit being- amendable under 86, 1354, 1356 of the code, objection must be made before the jury is impaneled. Smith v. State, 58 Miss., 867.</p> <p>2. Same. Venue not ¡¡roved. Failv/re to object. Code 1892, \\ 4370.</p> <p>Failure to prove the venue can be assigned for error only when made g-round of special objection in the trial court. Code 1893, \\ 4370; Lea v. State, 64 Miss., 201.</p> <p>3. Unlawful Retailing. Evidence. United States revenue license.</p> <p>On a trial for unlawful retailing, it. is competent for the state to show that accused had paid the license fee. and secured the stamp from the United States authorizing him to sell intoxicating liquors.</p>