Smith v. State

58 So. 539, 101 Miss. 853

Opinion

Cook, J.,

delivered the opinion of the court.

Appellant was indicted in the circuit court of "Washington county for the unlawful sale of intoxicating liquors. He pleaded in bar a former conviction for the identical offense charged in the indictment, by a justice of the peace competent to try the case. The state demurred to this plea, the demurrer was sustained, appellant was placed upon trial, and convicted. '

We have been unable to conceive why this demurrer was sustained. If the facts stated in the plea were true, appellant was undoubtedly entitled to a discharge. The demurrer confessed the truthfulness of the avermentsof the plea, and manifestly it should have been overruled. Reversed and remanded.