Lowe v. State
Lowe v. State
Opinion of the Court
delivered the opinion of the court.
The appellant was tried and convicted of having intoxicating liquors in her possession, and sentenced to fine and imprisonment, from which she prosecutes this appeal.
Under section 1762, Code of 1906 (section 2098, Hemingway’s Code), it was competent, on the trial for selling liquor, to introduce more than one offense in evidence; but in. such case a conviction or acquittal would bar the trial on all offenses antedating the indictment but that statute does not warrant the introduction of other and distinct violations of the law on a trial of this kind. Page v. State, 105 Miss. 536, 62 So. 360; Collins v. State, 99 Miss. 52, 54 So. 666; Cook v. State, 81 Miss. 146, 32 So. 312; Smothers v. Jackson, 92 Miss. 327, 45 So. 982; Kearney v. State, 68 Miss. 233, 8 So. 292, and numerous other cases.
It is contended for the state .that, while this evidence was not admissible under section 1762 of the Code, it was admissible under the general principles applicable to show
For the error indicated, the conviction and judgment must be reversed, and the case remanded.
Reversed and remanded.
Reference
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- Criminal Law. Evidence of other offense held not admissible in prosecution for keeping of liquor. On a trial for unlawfully having possession of intoxicating liquors, in violation of chapter 189, Laws of 1918, it was error to introduce in evidence tire finding of liquors on a former occasion, constituting a separate and distinct offense. The provisions of section 1762, Code of 1906 (section 2098, Hemingway’s. Code), have no application to the mere keeping of liquor in violation of law.