Hendon v. State

Mississippi Supreme Court
Hendon v. State, 61 Miss. 146 (Miss. 1883)
Chalmers

Hendon v. State

Opinion of the Court

Chalmers, J.,

delivered the opinion of the court.

The revenue law of the State imposes a privilege tax of fifty dollars “ on each agency for sewing-machines,” and a tax of ten dollars “ on each agent for sewing-machines of each company;” and punishes by fine those who pursue these avocations without having paid the tax. The taxis imposed on two persons or things, to wit: on each agency for seAving-machines, and on each agent for a sewing-machine company. Unless, therefore, a person is either the head of an agency for seAving-machines or the agent for a sewing-machine company he is not liable to indictment. The appellant AATas *148indicted for carrying on “the business of a sewing-machine agent.” Under the law he was not indictable unless he was the agent of a sewing-machine company, and that he was such is not charged. He may have been acting as the agent of a private person or dealer. The motion to quash should have been sustained.

Reversed and indictment quashed.

Reference

Full Case Name
J. W. Hendon v. State
Cited By
1 case
Status
Published
Syllabus
Privilege Tax. Sewing-machine agency. Under the revenue law imposing a license tax on agencies for sewing-machines, and agents of sewing-machine companies, an indictment is insufficient if it charges only that the accused did “ carry on the business of a sewing-machine agent ” without paying the tax and obtaining the license.