Holley v. State
Mississippi Supreme Court
From the circuit court of Pontotoc county. The opinion states the facts. I respectfully submit that the justice of the peace, Pitts, before whom this case was tried, had no jurisdiction of the case, for, in fact and in law, there was no change of venue from the mayor’s court to the court of said Pitts.
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From the circuit court of Pontotoc county. The opinion states the facts. I respectfully submit that the justice of the peace, Pitts, before whom this case was tried, had no jurisdiction of the case, for, in fact and in law, there was no change of venue from the mayor’s court to the court of said Pitts. The affidavit in this case was made out before W. M. Huntington, mayor pro tem. of the town of Pontotoc, and, without entering the case on his docket, without any affidavit being filed setting forth sufficient grounds to warrant a change of venue, without, any motion before him asking for a…
1Opinion of the CourtStockdale, J.
The appellant was convicted by the jury, in the circuit court of Pontotoc county, of carrying, concealed, a deadly weapon, and sentenced by the court to pay ten dollars fine and to be imprisoned thirty days, and he appealed from that sentence. The defendant moved to arrest the judgment because the justice of the peace court, from which the cause came to the circuit court by appeal, was without jurisdiction to try the case, and consequently the circuit court had not jurisdiction.
The motion was based on the fact that affidavit was made before W. M. Huntington, mayor pro tern, of Pontotoc, and…
2Cited by3 opinions
- Jackson v. SchwartzMississippi Supreme Court · 1970
- Simpson v. BoykinMississippi Supreme Court · 1918
- Tillman v. StateMississippi Supreme Court · 1952