Wheeler v. State
| Decision Date | 07 March 1887 |
| Citation | 1 So. 632,64 Miss. 462 |
| Court | Mississippi Supreme Court |
| Parties | A. J. WHEELER v. THE STATE |
APPEAL from the Circuit Court of Copiah County, HON. T. J. WHARTON Judge.
A. J Wheeler was indicted for selling whisky without license in violation of a local act in relation to Copiah County, passed by the legislature in 1884. On the trial he moved to quash the indictment, and then after conviction he moved to arrest the judgment because the act under which he was indicted and convicted had been repealed. Both motions were overruled and Wheeler appealed. The further facts necessary to be stated will be found in the opinion of the court.
Judgment reversed.
R. S Morrison, for the appellant.
The "local option" act of 1886, the election thereunder having resulted in a majority "against the sale," clearly repealed the act of 1884. Now, if the prohibition act for Copiah County, approved March 8, 1884, has expired or is repealed by the act of 1886, chapter 14, then the court should have sustained defendant's motion to quash the indictment, because the statute under which it was found has been repealed, and because the indictment charges no offense against the laws of the State.
And further, the court should have sustained defendant's motion in arrest of judgment because there is no law now in force under which the court can pronounce judgment. The penalty of the statute under which the indictment was found was repealed before the trial and conviction of this defendant. See Chapter 39, Code 1880, in relation to the sale of vinous and spirituous liquors; also Acts 1884, p. 205, an act to prohibit the manufacture, sale, or giving away of alcoholic, vinous, or malt liquors in the county of Copiah also, an act of the legislature of the State of Mississippi, approved March 11, 1886, to wit: An Act for preventing the evils of intemperance by local option in any county in the State, p. 35 of said Acts.
In support of the position taken as above, counsel for appellant would respectfully call attention of the honorable court to the case of William Teague et al. v. The State of Miss., 39 Miss. 516; also Yeaton v. U.S. 5 Cranch 281.
T. M. Miller, Attorney General, for the State.
The argument that prior laws were repealed as a consequence of the result of the election has been denied by this court in the recent case of Hearn et al. v. Brogan, ante 334.
"There is no express repeal of former laws by the late act, and as repeals by implication are never favored, the new law must be held to displace or suspend the former only to the extent of inconsistency between them."
The penalty prescribed in the act of 1886 is expressly for a violation of its provisions, and is not denounced generally against a species of crime. The former act not being repealed beyond its inconsistency...
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