Stubbs v. State
Mississippi Supreme Court
Error to the Circuit Court of Covington County. Hon. G. C. Chandler, Judge. The motion in arrest of judgment should have been sustained, because the defendant was out of office before rendition of the judgment. The election was in the fall of 1873, for a term to end Jan. 1, 1876, and the conviction was subsequent to the latter date. 1. The plaintiff in error insists that his term of office had expired before he was tried on the indictment.
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Error to the Circuit Court of Covington County. Hon. G. C. Chandler, Judge. The motion in arrest of judgment should have been sustained, because the defendant was out of office before rendition of the judgment. The election was in the fall of 1873, for a term to end Jan. 1, 1876, and the conviction was subsequent to the latter date. 1. The plaintiff in error insists that his term of office had expired before he was tried on the indictment. No such thing is shown by the record. 2. If it were so, the penalty is removal from office; and if he was out of office at the time of the trial, he is not…
1Opinion of the CourtChalmers, J.
The plaintiff in error, being a justice of the peace in and for the County of Covington, was indicted and convicted of being drunk while in office, under and by virtue of the provisions of acts of 1873, p. 84, punishing drunkenness in office.
After conviction he moved in arrest of judgment, on the ground that his term of office had expired, as was apparent from the record, because, the indictment alleging that he was a justice of the peace on 1st of August, 1875, the court was bound to take judicial cognizance of the fact that the terms of all justices then in office terminated on 1st of…
2Cited by1 opinion
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