City of Pascagoula v. Cunningham

Ethridge., J.,

delivered- the opinion of the court.

The appellee, Cunningham, was arrested and tried in the city court on a charge of violating the Speed Law and appealed to the circuit court, where, at the conclusion of the evidence, there was, on motion, a direct verdict to find the defendant not guilty, from which the city has attempted to appeal.

The evidence relied on is that of the marshal and a policeman who saw the license number on the car and followed it in another car and testified that it was g;oing in excess of the speed fixed by ordinance. They could not say who was in the car, but…