Memphis v. Smythe

The city of Memphis caused a warrant to be issued for the arrest of the defendant *703in error for a violation of a Health ordinance. At the trial in the Recorder’s Court he was found guilty, and a fine was imposed. The defendant below carried the case by appeal to the Circuit Court, where, upon a hearing, it was dismissed, and the city has brought the cause to this Court by an appeal in the nature of a writ of error. A motion has been made to dismiss the appeal, upon the ground that this is a criminal proceeding, and defendant in error has been once in jeopardy. This motion is not well taken. A…