Norton v. State

Citations

• 65 Miss. 297

Syllabus

<p>1. Local Option Law. Indictment. Must allege, what.</p> <p>An indictment under the “Local Option” Act, approved March 11th, 1886, must allege that an election has been held, and the result thereof, in the county where such indictment is found, and on the trial such facts must be proven, to authorize a conviction.</p> <p>2. Same. Indictment bad thereunder, but good under general statutes. Effect.</p> <p>And. a conviction cannot be had on an indictment for illicitly retailing liquors, sufficient under the general laws of the State relating to the subject, if it be shown on the trial that the Local Option Act was in force, and the general laws suspended by virtue of an election held under such act, in the jurisdiction in which such indictment was found, at the time the offence was committed.</p> <p>3. Same. Indictment for second offence. Fact to be alleged.</p> <p>An indictment for a second offence, under a statute prescribing a greater penalty for the second than for the first of such offences, must allege that the offence is the second one, in order to warrant a judgment imposing the greater penalty. Semble: That the second offence contemplated by such statute is one occurring after, and not before, conviction for the first offence.</p>