State v. Edwards

Mississippi Supreme Court October 15, 1917

State v. Edwards, 115 Miss. 704 (Miss. 1917)

76 So. 635

Smith

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

Under section 1055, Code of 1906, upon which this indictment is predicated, it is the duty of a butcher or dealer in cattle, sheep, or hogs, each time he purchases cattle, sheep, or hogs,to register the name or names of the person or persons from whom he buys, and each failure so to do is a separate offense. This indictment is drawn upon the theory that but one offense is committed by the failure of a dealer to register the names *708of all persons from whom purchases are made, and, moreover, while it alleges that the defendant was a dealer in cattle, sheep, and hogs, and did not register the names of persons from whom he bought, it contains no allegation that he, in fact, bought cattle, sheep, or hogs and failed to register the names of the persons from whom he bought them. The demurrer was properly sustained.

Affirmed.

Reference

Status: Published
Syllabus: Animals. Registration. Offenses. Statute. Under Code 1906, section 1055, providing that every dealer in live-stock who shall fail to enter in a book the names of all persons from whom he buys, and a description by marks and otherwise of all animals bought or kept by him for slaughter, shall be punished, an indictment, charging that accused, then and there being a dealer in live stock, unlawfully failed to keep any record of stock bought or sold, and thereby did not enter the names of all persons from whom he bought such stock and a description by marks and brands or otherwise of all animals bought, is insufficient, where it was not alleged that defendant in fact bought cattle, sheep, etc., and failed to register the names of the persons from whom he bought them.