Naul v. McComb City
Mississippi Supreme Court
From the circuit court of Pike county. Hon. W. P. Cassedy, Judge. Appellant, Naul, was convicted before the mayor of McComb City upon an affidavit charging that “■ within the corporate limits of McComb City, in Pike county, Mississippi, and within the jurisdiction of the undersigned, he, Naul, did unlawfully and wilfully sell spirituous liquor without authority of law, and against the ordinances of said town made and provided, and against the peace and dignity of the state…
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From the circuit court of Pike county. Hon. W. P. Cassedy, Judge. Appellant, Naul, was convicted before the mayor of McComb City upon an affidavit charging that “■ within the corporate limits of McComb City, in Pike county, Mississippi, and within the jurisdiction of the undersigned, he, Naul, did unlawfully and wilfully sell spirituous liquor without authority of law, and against the ordinances of said town made and provided, and against the peace and dignity of the state of Mississippi.” He appealed to the circuit court, and there made a motion to quash the affidavit, which was overruled.…
1Opinion of the CourtCooper, J.
Although this case appears on the docket of this court, and did so appear on that of the court below; as a prosecu*701tion for the violation of a state law, the affidavit, which is the foundation of the proceeding, clearly shows it to be a prosecution for the violation of an ordinance of McComb City. We do not know, and cannot be informed, except by the record, that there is an ordinance of said town against the act charged, for we do not take judicial notice of town ordinances. There is nothing of record to show the existence of such ordinance, and, so far as is disclosed, the appellant is under…
2Cases cited2 opinions
- King v. StateMississippi Supreme Court · 1889
- Bailey v. StateMississippi Supreme Court · 1889
3Cited by7 opinions
- Kittrell v. StateMississippi Supreme Court · 1906
- McDaniel v. City of GrenadaMississippi Supreme Court · 1965
- Bohannan v. City of LouisvilleMississippi Supreme Court · 1932
- Thomas v. Yazoo CityMississippi Supreme Court · 1909
- Essick v. EssickMississippi Supreme Court · 1936
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