King v. State

Citations

• 99 Miss. 23
• 54 So. 657

Syllabus

<p>OecminAi, Law. Plea of autrefois acquit. Intoxicating liquors. Code 1906, section 1702.</p> <p>The state must either demur or reply in writing to a plea of autrefois acquit.</p> <p>Code 1906 provides: “On the trial of all prosecutions for the violation of law by the sale or giving away of liquors, etc., the state shall not be confined to the proof of a single violation, but may give in evidence any one or more offenses of the same character committed anterior to the day laid in the indictment or affidavit, and not barred by the statute of limitations, but in such case, after conviction or acquittal on the merits, the accused shall not again be liable to prosecution for any offense of the same character committed anterior to the day laid in the indictment or affidavit.” Under this statute the state may not prove more than one sale, and then elect which sale it will ask a conviction on. The election must be made before the testimony is introduced. The state takes the benefit of this statute subject to its b,urdens.</p>