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BENWARD v. STATE

No. 48269.

308 So.2d 94 (1975)

J.T. BENWARD v. STATE of Mississippi.

Supreme Court of Mississippi.

February 17, 1975.

Attorney(s) appearing for the Case

Kelly McKoin, Biloxi, for appellant.

A.F. Summer, Atty. Gen. by Billy L. Gore, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before GILLESPIE, INZER and BROOM, JJ.

INZER, Justice:

The question to be decided in this case is whether it is essential that an affidavit or indictment for a violation of the Local Option Alcoholic Beverage Control Law aver facts showing that the offense was committed in a county or locality where such law was in effect. We hold that it is essential.

Appellant J.T. Benward was convicted in the County Court of Jackson County for the sale of one-half pint of whiskey in violation of the Local Option...

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