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211 Miss. 342

State v. Hoyle

Mississippi Supreme Court

Decided April 9, 1951

Mississippi Supreme Court · decided 1951-04-09

Relies on Martin v. Bd. of Suprs. of Winston Co. · Simpson County v. Burkett

Good law ✅— No negative treatment on recordhow we know

Decided 1951-04-09

How this case has been cited

Cited by 5 later decisions — most recently January 1977

5 state decisions

20195119601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hall, J.

¶1The only point in this case is: How much notice mu'st be given before there can be a valid election on the question of outlawing the sale of wine and beer in any county of this State? The question arises in this manner: Ap-pellee was indicted for the unlawful sale of beer, and, as was necessary to make out the State’s case, the district attorney offered in evidence an order of the board of supervisors declaring the result of an election at which a majority of the qualified electors had voted in favor of preventing the sale, transportation, etc., of wine and beer in the county. This order shows on its face that the election was held on November 6 pursuant to a prior order of October 10 directing the holding of the election and that the notice of election was published in four successive issues of a weekly newspaper beginning on October 11. Thus it will be seen that 27 days elapsed between the date when the election was ordered and the date when it was held, and only 26 days elapsed between the first publication and the date of the election. Appellee objected to introduction of the order of the board for the reason that an insufficient time elapsed between the giving of notice and the holding of the election and that consequently the election and the order thereon were void. The learned circuit judge sustained the objection and discharged appellee, from which action the State appeals.

¶2In Simpson County v. Burkett, 178 Miss. 44, 172 So. 329, this Court held that in a county-wide special election *344on the question whether the sale of beer and light wines should be prohibited thirty days notice is essential to the holding of a valid election. That decision was followed in Martin v. Board of Supervisors of Winston County, 181 Miss. 363, 178 So. 315. We see no reason to depart from the rule there announced. The Legislature has had nearly fifteen years in which to change the rule if it had thought the above decisions unsound.

¶3Affirmed.

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