Irby v. State

Citations

• 91 Miss. 542
• 44 So. 801

Syllabus

<p>1. Criminal Law and Procedure. Indictment. Unlawful act.</p> <p>If an. act be unlawful under all circumstances, an indictment or affidavit charging its commission will not be invalid because of a failure to aver that it was unlawfully done.</p> <p>2. Same. Intoxicants. Prohibition county.</p> <p>In a prosecution for selling whiskey by the quart in a prohibition county, it was unnecessary that the affidavit should allege that the sale was “unlawful.”</p> <p>3. Same. Evidence. Judicial notice.</p> <p>In a prosecution for an unlawful sale of intoxicants, the court will take judicial notice that the county is under the prohibition law.</p>