Payne v. State
Mississippi Supreme Court
Appeal from, the circuit court of Jefferson Davis county. Hon. A. E. Weathersby, Judge. John Payne was convicted of unlawfully pointing a gun at a person and appeals. The facts are fully stated in the opinion of the court. We think it is only necessary to call the court’s attention to the special bill of exceptions taken by appellant in the court below.
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Appeal from, the circuit court of Jefferson Davis county. Hon. A. E. Weathersby, Judge. John Payne was convicted of unlawfully pointing a gun at a person and appeals. The facts are fully stated in the opinion of the court. We think it is only necessary to call the court’s attention to the special bill of exceptions taken by appellant in the court below. If there is any force in Sec. 87 of the Code of 1906, the appellant had a right to appeal from the judgment of the justice of the peace and to have his case tried anew in the circuit court. This right the court below denied him, as shown by…
1Opinion of the CourtCook, J.
Affidavit was made by the constable before a justice of the peace, charging appellant with unlawfully aiming a gun at a person named. A jury was summoned by the constable to try him; whereupon he made a motion to discharge the jury summoned, because they were selected by an interested party, to wit, the constable, who made the affidavit against him. This motion was overruled, and he was then tried by the jury, and was convicted and sentenced. An appeal was prosecuted to the circuit court, and there appellant made a motion to dismiss the case “because the record does not show that the…
2Cited by2 opinions
- Ball v. StateMississippi Supreme Court · 1947
- Little v. WilsonMississippi Supreme Court · 1940