Legal Opinion

Roux v. City of Gulfport

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 8 opinions

Prom the circuit court of Harrison co-unty. IHon. Thomas H. Barrett, Judge. Roux, appellant, was convicted in the municipal court of Gulfport for the violation of an ordinance of the city making it an offense against the municipality to commit an assault and battery within its limits. He appealed from the judgment of the municipal court to the circuit court, was there tried de novo and was again convicted and appealed to the supreme court.

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Prom the circuit court of Harrison co-unty. IHon. Thomas H. Barrett, Judge. Roux, appellant, was convicted in the municipal court of Gulfport for the violation of an ordinance of the city making it an offense against the municipality to commit an assault and battery within its limits. He appealed from the judgment of the municipal court to the circuit court, was there tried de novo and was again convicted and appealed to the supreme court. The -facts upon which the case was decided are stated in the opinion of the court. The court below erred in refusing the instruction asked by defendant. It…

1Opinion of the Court

McLain, O.

Appellant was convicted before the police justice of the city of Gulfport upon affidavit charging him with assault and battery. He appealed the case to the circuit court of Harrison county, and was convicted and sentenced, from which judgment he prosecutes this appeal.

The only assignment of error that appellant makes in this case *562is that the trial court erred in refusing the following instruction: “The court instructs the jury, for the defendant, that the burden of proof is on the city to prove the defendant guilty beyond every reasonable doubt before they can convict him, and if,…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Runnels v. StateMississippi Supreme Court · 1909

3Cited by8 opinions

  1. Goff v. StateMississippi Supreme Court · 2009
  2. Fisher v. StateMississippi Supreme Court · 1928
  3. Simmons v. StateMississippi Supreme Court · 1950
  4. Brady v. StateMississippi Supreme Court · 1922
  5. Saucier v. StateMississippi Supreme Court · 1912

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