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105 Miss. 326

Cage v. State

Mississippi Supreme Court

Decided March 15, 1913

Mississippi Supreme Court · decided 1913-03-15

Hon. W. A. Henet, Judge. Maggie Cage was convicted of the unlawful sale of liquors and appeals. This is an appeal from a conviction of a violation of the liquor laws of the state. Section 1762 of the Code of 1906, referred to in the opinion, is as follows: “1762.

Cited by 7 later decisions — most recently March 1930

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1913-03-15

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Cook, J.,

¶1delivered the opinion, of the court.

¶2The indictment in this case, charging appellant with the unlawful selling of intoxicating liquors, lays the date of the crime “on the-day of-, 1911.” Several witnesses were introduced whose testimony proved sev-ral distinct sales in the fall of 1911. In order that evidence may be given of more than one offense occurring anterior to the date laid in the indictment, the date must be specifically laid. Section 1762 of the Code of 1906 does not apply in a case like this. It is not sufficient to merely aver that the offense was committed some time during 1911. If the indictment had laid the date upon some fixed day in 1911, then evidence of several sales made anterior to the date and within the period of the' statute of limitations would have been competent under section 1762.

¶3Reversed and remanded.

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