26 So. 2d 69 | Miss. | 1946
One of the errors assigned on this appeal is the introduction in evidence, over the objection of appellants, Leroy Ratcliff and Floyd Stone, of the affidavit for a search warrant and the search warrant, pursuant to which a quantity of whiskey was found on or near the premises leased by Floyd Stone for operating a lunch and cold-drink business, and three bottles of which whiskey the said Leroy Ratcliff was breaking in the kitchen sink when the officers entered the place of business.
The ground of the objection to the introduction of the said affidavit and search warrant is that the case was then being tried in the county court in the exercise of its original jurisdiction, while a prosecution for the same offense was pending in the court of the justice of the peace, who had taken the affidavit for the search warrant and issued the warrant for the search. It does not appear from the record however, nor is the contention made in the brief of the appellants, that an affidavit had ever been made before the justice of the peace to charge the defendants with the unlawful possession of intoxicating liquor in his district, against the peace and dignity of the State of Mississippi. Therefore, no criminal prosecution had been commenced in the justice of the peace *870
court at the time the appellants were tried in the county court. This Court expressly so held in the case of Powell v. State,
To sustain the conviction of the appellant Floyd Stone, under the evidence, the state relies upon the fact that the whiskey was found in his place of business, and on or near the premises leased by him, and there is invoked the rule announced in case of Williamson v. State,
We are therefore of the opinion that the proof was sufficient to sustain the conviction as against both of the appellants, and that the judgment appealed from should therefore be affirmed, since we find that the other assignments of error are not well taken.
Affirmed.