110 So. 447 | Miss. | 1926
"The said indictment charges the defendant with no offense for the reason that said indictment fixes the date of the alleged offense as December, 1923, at a time when chapter 211 of the Laws of 1922 was in effect, and said indictment fails to negative the exceptions provided in said law." *209
Chapter 211 of the Laws of 1922 prohibits any person from knowingly having in his possession a still or any part thereof, except under certain designated circumstances, the existence of which must be negatived in an indictment thereunder. State v.Speaks,
"That in any indictment or presentment for any violation of this act it shall not be necessary to negative the exceptions herein contained; but such exceptions may be relied on as a defense and the burden of establishing the same shall be on the person or corporation claiming the benefits thereof."
Ordinarily, the day of the commission of an offense alleged in an indictment is not material, and its commission on any day prior to the finding of the indictment may be proved (section 1428, Code of 1906 [section 1184, Hemingway's Code]; McCarty v.State,
The court below committed no error, as the attorney-general admits, in sustaining the demurrer, and its judgment in so doing will be affirmed.
Affirmed. *210