Public-domain · open source
OpenJurist

65 Miss. 238

Winterton v. State

Mississippi Supreme Court

Decided October 15, 1887

Mississippi Supreme Court · decided 1887-10-15

Hon. A. T. Eoane, Judge. At the May term, 1887, of the Circuit Court of Panola County, Gr. W. and H. E. Winterton were indicted, under the provisions of the Code of 1880, for retailing intoxicating liquors without license.

Cited by 3 later decisions — most recently January 1915

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-15

View the full empirical analysis of this case →

Campbell, J.,

¶1concurring.

¶2I am of the same opinion. The repeal of a statute is a remission of penalties inflicted by it, because of the absence of authority to punish when the law giving it has ceased to exist. But where a law is not repealed, and is merely suspended, it still has vitality to authorize punishment for its violation before its suspension. A repeal makes the law as if it had never been. -Suspending its operation for a time leaves it operative as to the past, and in all respects wherein it is not abrogated by the new statute.' A repealed statute is dead, and no sting can be inflicted *242by it; but one. which still lives, although displaced for a time, as to its full effect, is not without power to vindicate its infraction before its suspensation. Being still a law there is no want of authority to punish under it for such violations of it.

/65/miss/238 · .json · Public domain