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87 Miss. 420

Caldwell v. State

Mississippi Supreme Court

Decided November 15, 1905

Mississippi Supreme Court · decided 1905-11-15

From the circuit court of Montgomery county. Hon J. T. Dunn, Judge. Caldwell, the appellant, was tried for and convicted of unlawfully selling intoxicants, and appealed to the supreme court. He was sentenced for his offense, in addition to the time for which he was committed to jail and the fine imposed, to give a bond to keep the peace and to be of good behavior. In cases of unlawful sale of intoxicants, where the defendant is convicted, Code 1892, § 1489, does not apply.

Decided 1905-11-15

Cali-ioon, J.,

¶1delivered the opinion of the court.

¶2This man seems to be a pertinacious violator of law. This is his third conviction for the unlawful sale of intoxicants. Under this condition the court had the right (Code 1892, § 1489) to require bond of him “to keep the peace and to be of good behavior,” which it did. The bond expires at the time limited from its date.

¶3Affirmed.

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