Winterton v. State

Citations

• 65 Miss. 238

Syllabus

<p>1. Local Option Law. Effect of election under. Code of 1880 and amendments thereto.</p> <p>Where, under the local option law, approved March 11, 1886, an election is held,'and results in a majority against “the sale” of liquors, the effect is not to repeal, but to suspend, for the time prescribed in that act, the former general laws for the regulation of the liquor traffic. Hearn v. Brogan, 64 Miss., 334, cited.</p> <p>2. Same. Criminal law. Penal statute. Effect of suspension of.</p> <p>And the suspension of such general laws does not thereafter prevent the prosecution and punishment under them of any one who may have previously violated them. A law thus suspended has only a retroactive vigor — a sling for vindication against violation when in the glow of its vitality, being insensible to offence against its soporated existence.</p>