Bryant v. State

Decided April 15, 1888

Mississippi Supreme Court · decided 1888-04-15

Hon. W. S. Featherston, Judge. J. O. Bryant was indicted under the “ Local Option ” Act (Acts of 1886, p. 35), for selling liquor in Union county contrary to its provisions. He was tried and convicted. It was not shown on the trial that the act above referred to had ever been put into operation in Union county. The defendant moved for a new trial on the ground that “ the jury found contrary to the law and the evidence.” The court overruled the motion. The •defendant appealed.

Good law ✅— No negative treatment on recordhow we know

Decided 1888-04-15

How this case has been cited

Cited by 5 later decisions — most recently December 1925

5 state decisions

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.

¶2The offence of which appellant was convicted is charged to have been committed in violation of the Local Option Act; but *437there is no proof whatever of that act having been put into ■operation in Union county, and. in such case no penalty could be imposed, or punishment inflicted, under its provisions. Norton v. The State, ante, 297; Loughridge v. The State, Ms. Opinion.

¶3The motion for a new trial, alleging that the verdict was contrary to the law and the evidence, should have been sustained. Sec. 1433 of the Code, to the effect that no judgment shall be reversed, because of any error or omission in the case in the court below, unless the record shows that the errors complained of were made a ground of special exception in such ■court, does not operate in any case, so as to supply the proof necessary to show that the offence charged has been committed.

¶4Reversed and remanded.