Wheeler v. State

Citations

• 64 Miss. 462

Syllabus

<p>1. Liquob. Selling. Local option law. Effect of election under. Repeal of previous law.</p> <p>In 1884 the legislature passed an act regulating the sale of liquors in the county of C. In 1886 the legislature passed the general “ local option ” act in relation to the sale of liquors. This act provides that when an election shall be held in accordance with its provisions in any county and shall result in a majority of votes “ against the sale’1 of liquors, that its provisions shall supersede all other laws in relation to the sale of liquors in such county. An election was held in the county of 0. which resulted in a majority “against the sale.” Held, that the act of 1884 was repealed as to the county of C. by virtue of the result of the election under the act of 1886.</p> <p>2. Same. Indictment therefor. Repeal of law. Effect.</p> <p>And a defendant, who was indicted before such election was held for violating the provisions of the act of 1884, cannot after such repeal he made to pay any penalty or suffer any punishment under that act, there being no saving of the penal clauses thereof in the repealing act. Teague v. The State, 39 Miss. 516, cited.</p>