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64 Miss. 201

Lea v. State

Mississippi Supreme Court

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hoh. A. T. Roane, Judge. L. C. Lea was indicted at the April term, 1885, of the Circuit Court of Tate County for retailing vinous and spirituous liquors without license.

Key passage — most relied on by later courts

““There is no merit in the objection made to the indictment that it is double, because it alleges in the same count that both vinous and spirituous liquors were sold. The selling of one or both, as charged, was criminal.””

quoted by 1 later decision, including State v. Schmitz

Relies on Ex parte Phillips · Murphy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

How this case has been cited

Cited by 9 later decisions — most recently October 2005

9 state decisions

401886189019001910192019301940195019601970198019902000decided

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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Arnold, J.,

¶1delivered the opinion of the court.

¶2There is no merit in the objection made to the indictment that it is double,.because it alleges in the same count that both vinous and spirituous liquors were sold. The selling of one or both, as charged, was criminal. Murphy v. The State, 28 Miss. 637.

¶3We are satisfied with the decisions in this State, which hold that in an indictment for selling liquor it is not necessary to allege the name of the person to whom it was sold. Wharton says that this is the general rule on the subject, and that in view of the fact that the offense is not directed against an individual, but, like nuisance, is directed against the community, the name of the vendee may be omitted in all cases where the statute forbids sales irrespective of persons. Whart. Cr. L., § 2445.

¶4The record fails to show that any proof of venue was made in this case, but it does not appear that this error or omission was made a ground of speeial exception in the court below, and without such exception being made in that court the judgment, under § 1433 of the code, cannot be reversed here on that account. Ex parte Phillips, 57 Miss. 357; Spivey v. The State, 58 Ib. 743; Flemming v. The State, 60 Ib. 434; Hunt v. The State, 61 Ib. 577; Wither v. The State, 61 Ib. 717. The motion, in general terms, that the verdict was contrary to the law and the evidence, was not a compliance with the statute. The attention of the court *204should have been called specifically to the point that no proof of venue had been made. Authorities supra.

¶5In this and three other cases against appellant for a like offense the same errors are assigned, and the judgment in each is

¶6Affirmed.

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