Jones v. State

Citations

• 67 Miss. 111

Syllabus

<p>1. Criminal Procedure. Indictment. Joinder of misdemeanors.</p> <p>There is no-objection to the practice of joining in one indictment counts for separate misdemeanors.</p> <p>2. Same. Distinct charges. Conviction. Motion in arrest.</p> <p>Under an indictment which charges selling liquor to a minor in one count, and unlawful retailing in another, when there is a general verdict of guilty as charged, a motion in arrest of judgment will not prevail, for, looking alone to the’record, this means guilty of both offenses.</p> <p>3. Same. Motion for new trial. Sentence on one count.</p> <p>In such case if the court, looking at the whole case, on motion for a new trial, discovers that the evidence is sufficient to uphold the conviction on one count, and insufficient as to the other, it is proper to impose sentence accordingly.</p> <p>4. Same. Certainty. Sentence properly imposed.</p> <p>On such a conviction there is no uncertainty either in the verdict or the sentence. Nor can the defendant complain that the verdict is broader than is warranted by the evidence, since the punishment is confined to the offense of which he was properly convicted.</p> <p>5. Witkess. Contradiction. Irrelevant matters.</p> <p>If the defendant cross-examines a witness in reference to matter which is collateral and immaterial; and which does not tend to show bias against the accused, he is bound by the answer of the witness, who can not be contradicted in relation thereto.</p>