Brizzolari v. State
Supreme Court of Arkansas
ERROR to Sebastian Circuit Court, Fort Smith District. Hon. J. II. Rogers, Circuit Judge. STATEMENT. At the November term, 1879, of the Circuit Court at Fort Smith, James Brizzolari, John Kemp and Bynum Colbert were indicted for false imprisonment of Thomas Lacey.
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ERROR to Sebastian Circuit Court, Fort Smith District. Hon. J. II. Rogers, Circuit Judge. STATEMENT. At the November term, 1879, of the Circuit Court at Fort Smith, James Brizzolari, John Kemp and Bynum Colbert were indicted for false imprisonment of Thomas Lacey. Upon the trial before a jury, upon the plea of not guilty,, the State proved that on the sixth of May, 1879, Colbert filed before Brizzolari, who was mayor of the city of Port Smith, an affidavit that Lacey was a vagrant within the city limits, in violation of an ordinance of the city ; that thereupon Brizzolari, as mayor, issued a…
1Opinion of the Court
OPINION.
Harrison, J.
vagbanmunicipal courts. When the ordinance for the violation of Lacey was arrested was passed, section 3232 of Gantt’s Diciest, was in force. The said section was as fol-J lows :
“ Section 3232. Municipal corporations shall have power to make and publish from time to time, by-laws, or ordinances, not inconsistent with the laws of the State, for carrying into effect or discharging the powers or duties conferred by the provisions of this Act; and it is hereby made the duty of the municipal corporation to publish such by-laws and ordinances, as shall be necessary to secure…
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