Jennings v. State
Mississippi Supreme Court
Jennings v. State, 102 Miss. 603 (Miss. 1912)
59 So. 848
Smith
Jennings v. State
Opinion of the Court
delivered the opinion of the court.
Appellant was indicted under section 1759 of the Code of 1906 for carrying intoxicating liquors to a place of public worship, to wit, Eexford Methodist Church. This section provides that it shall not extend to any city or town, and the indictment failed to allege, and the proof to disclose, that this church was not situated in a city or town; consequently, no offense. was either charged by the indictment or disclosed by the proof.
The court, therefore, erred in refusing to grant the peremptory instruction requested by appellant; and consequently its judgment will be reversed, the indictment quashed, and the cause dismissed.
Reversed and dismissed.
Reference
- Full Case Name
- Ellis Jennings v. State
- Status
- Published
- Syllabus
- «Criminal Law. Intoxicating liquors. Place of public worship. Insufficiency of indictment. Code 1906, section 1759. Under Code 1906, section 1759, making it a criminal offense to carry intoxicating liquors to a place of public worship, but providing that this section shall not be operative in any city or town, an indictment for carrying such liquors to a place ■ of public worship is fatally defective if it fails to allege that the place of public worship to which the liquor was taken was not situated in a city or town.