Neely v. State

Citations

• 100 Miss. 211
• 56 So. 377

Syllabus

<p>1. Cbiminax Law. Indictment. Unlawful retailing. Abatement Prosecution. Code 1906, section 1762. Concurrent jurisdiction.</p> <p>Under Code'1906, section 1762, so providing, where a defendant has been indicted and arrested in the circuit court for unlawful retailing, he stands charged for every offense of unlawful retailing committed by him for two years prior to the time of finding the indictment.</p> <p>2. Same.</p> <p>In such case no other court, after the finding of such indictment, can acquire jurisdiction for offenses committed within two years before the finding of such indictment while the indictment in the circuit court remains undisposed of, nor after it is disposed of, if that court received evidence of more than one sale.</p> <p>3. Concurrent Jtjbisdiction.</p> <p>Where concurrent jurisdiction is vested in two courts the court first acquiring jurisdiction acquires exclusive jurisdiction, and where proceedings are instituted in another court about the same subject-matter, after one court of concurrent jurisdiction has acquired control' of the subject-matter, the suit should be dis - missed in the last court attempting to acquire jurisdiction.</p>