Smith v. State

Decided March 15, 1912

Mississippi Supreme Court · decided 1912-03-15

Hon. J. M. Cashin, Judge. George Smith was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. 1. The trial court erred in sustaining the demurrer of the state to the plea of autrefois convict interposed by appellant. The plea of autrefois convict interposed by appellant herein met all of the requirements of law and was valid'.

Cited by 1 later decisions — most recently May 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1912-03-15

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Cook, J.,

¶1delivered the opinion of the court.

¶2Appellant was indicted in the circuit court of "Washington county for the unlawful sale of intoxicating liquors. He pleaded in bar a former conviction for the identical offense charged in the indictment, by a justice of the peace competent to try the case. The state demurred to this plea, the demurrer was sustained, appellant was placed upon trial, and convicted. '

¶3We have been unable to conceive why this demurrer was sustained. If the facts stated in the plea were true, appellant was undoubtedly entitled to a discharge. The demurrer confessed the truthfulness of the avermentsof the plea, and manifestly it should have been overruled. Reversed and remanded.