Allen v. McGuire
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. Hon. G. G. Lyell, Chancellor. Habeas corpus hy T. J. McGuire against C. B. Allen, city Marshal, to obtain release from imprisonment under sentence for a violation of a city ordinance. From an order releasing petitioner C. B. Allen appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Hinds county. Hon. G. G. Lyell, Chancellor. Habeas corpus hy T. J. McGuire against C. B. Allen, city Marshal, to obtain release from imprisonment under sentence for a violation of a city ordinance. From an order releasing petitioner C. B. Allen appeals. The facts are fully stated in the opinion of the court. It is admitted by appellant that all the requirements of section 3384, Code 1906, were fully complied with, and the only question presented hy this record for decision is the constitutionality of that section. The demurrer assigns that this section of the…
1Opinion of the CourtMates, C. J.
In August, 1911, T. J. McGuire was convicted in the court of the police justice of the city of Jackson of a violation of the municipal ordinances, and given a jail sentence of thirty days and fine of one hundred dollars and costs. Subsequently, acting under section 3384 of the Code of 1906, the mayor and board of aldermen of the city remitted sixteen days of the jail sentence of McGuire on condition that he pay the fine and costs. It is indicated that the fine and costs were paid, but the city marshal refused to grant McGuire a release in accordance with the direction of the mayor and board…
2Cases cited1 opinion
- City of Paris v. HintonCourt of Appeals of Kentucky · 1909
3Cited by4 opinions
- Moore v. City of NewportCourt of Appeals of Kentucky · 1923
- City of Clovis v. HamiltonNew Mexico Supreme Court · 1936
- Whittington v. STEVENS, SHERIFFMississippi Supreme Court · 1954
- Whittington v. STEVENS, SHERIFFMississippi Supreme Court · 1954