Ex parte Smith
Mississippi Supreme Court
From the circuit court of Washington county. HoN. FraNK E. LareiN, Judge. The case was a habeas corpus proceeding instituted by Bud Smith, which was tried in the circuit court and the writ there denied. Smith appealed to the supreme court. The opinion fully states the case. The appellant makes but one point. He was .charged with a misdemeanor, and, under the facts, could have been guilty only as charged.
Read the full summary
From the circuit court of Washington county. HoN. FraNK E. LareiN, Judge. The case was a habeas corpus proceeding instituted by Bud Smith, which was tried in the circuit court and the writ there denied. Smith appealed to the supreme court. The opinion fully states the case. The appellant makes but one point. He was .charged with a misdemeanor, and, under the facts, could have been guilty only as charged. The justice of the peace ought to have tried him upon the charge preferred, and had no power in law to refuse to try him, or to bind him oyer to the circuit court. Think of the great…
1Opinion of the CourtTerral, J.
Bud Smith, for the commission of an aggravated assault and battery, was, by a justice of the peace of Washington county, bound over to the circuit court in the sum of $500, and, failing to give said bond, he was given into the custody of the sheriff of said county. Pie brings this suit of habeas corpus, and asks that his case be remanded to the justice of the peace for trial, and, if that prayer be not granted, that his bail bond be reduced.
The perfect propriety of the action of the justice of the peace will be best shown by a relation of the facts. Bud Smith was prosecuted before Justice of…
2Cited by1 opinion
- Atkinson v. StateMississippi Supreme Court · 1923