Kyle v. Town of Calhoun City
Mississippi Supreme Court
Appeal from circuit court of Calhoun county. ITon. C. Lee. Crum, Judge. B. P. Kyle was convicted in the mayor’s court of the town of Calhoun City for the violation of an ordinance by wagering or betting, and from a conviction on appeal to the circuit court, Kyle appeals. It is well settled in this state that our courts other than municipal courts do not take judicial notice of town ordinances.
Read the full summary
Appeal from circuit court of Calhoun county. ITon. C. Lee. Crum, Judge. B. P. Kyle was convicted in the mayor’s court of the town of Calhoun City for the violation of an ordinance by wagering or betting, and from a conviction on appeal to the circuit court, Kyle appeals. It is well settled in this state that our courts other than municipal courts do not take judicial notice of town ordinances. In the case of Naul v. State, 12 So. 903., this court said in reversing a case appealed from the municipal court of McComb City, to the circuit court, where no ordinances was offered in evidence that:…
1Opinion of the CourtSykes, J.
An affidavit for wagering or betting was made out against'the appellant before the mayor of the town of Calhoun City for the violation of a town ordinance. The appellant was convicted in the mayor’s court, and appealed to the circuit court, in which court he was also convicted, and from which judgment this appeal is prosecuted. -
The material testimony in the case indicates that appellant and the party with whom the alleged wager or bet was made met in a barber shop, and thereafter fifty dollars was put in an envelope and turned over to some employee of the bank by the other party to the…
2Cases cited3 opinions
- Monroe v. StateMississippi Supreme Court · 1912
- Naul v. McComb CityMississippi Supreme Court · 1893
- Spears v. Town of OsykaMississippi Supreme Court · 1908
3Cited by2 opinions
- White v. ThomasonMississippi Supreme Court · 1975
- McDaniel v. City of GrenadaMississippi Supreme Court · 1965