McDonald v. State

Citations

• 68 Miss. 728

Syllabus

<p>1. Local Option Law. Act 1886. Evidence of election.</p> <p>Under the act of March 11, 1886 (Laws, p. 35), known as the local option law, the verified report of the election commissioners, spread on the minutes of the board of supervisors as required by § 4, is the sole evidence of the result of the election.</p> <p>2. Same. Unlawful sale of liquors. Indictment.</p> <p>Under the said act, an indictment for unlawfully selling intoxicating liquors, which avers that a report of the result “ against the sale,” verified by affidavit, was returned and spread on the minutes of the board of supervisors, but fails to allege that the commissioners of election had determined and reported to the board that a majority of the votes cast were against the sale, is fatally defective.</p>