Pond v. State

Citations

• 47 Miss. 39

Syllabus

<p>1. Criminal law — indictment — record must show presentment, receipt and piling op indictment. — Unless the record of a conviction on a criminal charge, preferred by indictment, shows that the indictment was presented to the court by the grand jury, and received by the court and filed, it is as though there never was no indict» ment found, and such conviction cannot stand.</p> <p>2. Charter op Ocean Springs. — The town of Ocean Springs has not exclusive authority oyer the subject of retailing vinous and spiritous liquors within its limits.</p> <p>3. Retailing — license necessary — payment op the privilege tax, under the revenve law op 1870, not A license to retail. — Payment of the privilege tax imposed by the revenue act of 1870, on licensed retail dealers, did not confer the right to sell vinous and spiritous liquors in less quantities than one gallon, without a license, regularly obtained, so to do.</p> <p>4. Same — state not required to prove the negative averment that depend-ant had no license. — On trial of indictment for retailing liquors in less quantities than one gallon, it does not devolve on the state to prove that the defendant did not have a license, as required by law.</p>