Cawthon v. State
Mississippi Supreme Court
Appeal from the circuit court of Marshall county. Hon. W. A. Roane, Judge. Will Cawthon was convicted of unlawful retailing and appeals. The facts are sufficiently stated in the opinion of the court. We do insist that the case must be reversed on the fourth ground of error assigned, because there is no semblance of a certified copy of the proceedings before the justice of the peace in the record whatever that gave jurisdiction to the circuit court to try this case.
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Appeal from the circuit court of Marshall county. Hon. W. A. Roane, Judge. Will Cawthon was convicted of unlawful retailing and appeals. The facts are sufficiently stated in the opinion of the court. We do insist that the case must be reversed on the fourth ground of error assigned, because there is no semblance of a certified copy of the proceedings before the justice of the peace in the record whatever that gave jurisdiction to the circuit court to try this case. Without it the circuit court would not have proceeded with the trial of the case. We think this will be conceded without further…
1Opinion of the CourtSmith, J.
As this record contains no certified copy of the proceedings before the justice of the peace, in whose court this cause is supposed to have originated, the court below was without jurisdiction, and consequently the judgment must be and is reversed, and the cause remanded. Rogers v. City of Hattiesburg, 55 So. 481.
Reversed and remanded.
2Cases cited1 opinion
- Rodgers v. City of HattiesburgMississippi Supreme Court · 1911
3Cited by8 opinions
- Brasham v. StateMississippi Supreme Court · 1925
- Waits v. Black Bayou Drainage Dist.Mississippi Supreme Court · 1939
- Xydias v. PellmanMississippi Supreme Court · 1919
- Jones v. StateMississippi Supreme Court · 1929
- Lee v. StateMississippi Supreme Court · 1941
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