Calhoun v. State
Mississippi Supreme Court
Feom tRe circuit court of, first district,-Hinds county. -Hon. David M. Milleb, Judge. Mrs. OalRoun, tRe appellant, was tried and convicted of a misdemeanor, unlawfully selling intoxicants, before a justice of tRe peace. SRe- appealed to tRe circuit court, and was tRere tried de novo and again convicted; and sRe appealed to tRe supreme court: -TRe facts upon wRicb tRe legal questions involved depend are stated in tRe opinion of tRe court.
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Feom tRe circuit court of, first district,-Hinds county. -Hon. David M. Milleb, Judge. Mrs. OalRoun, tRe appellant, was tried and convicted of a misdemeanor, unlawfully selling intoxicants, before a justice of tRe peace. SRe- appealed to tRe circuit court, and was tRere tried de novo and again convicted; and sRe appealed to tRe supreme court: -TRe facts upon wRicb tRe legal questions involved depend are stated in tRe opinion of tRe court. TRe circuit court cannot, on appeal, try a party except on tRe affidavit made in tRe court below, and the only identification of sucR affidavit is tRe…
1Opinion of the CourtHouston, J.
On October 27, 1904, an affidavit was made before T. M. Lemly, a justice of the peace of the fifth district of the county of Hinds, charging Drusilla Calhoun with having willfully *555and unlawfully sold intoxicating liquors on October 22, 1904. Defendant was arrested, tried, convicted, and fined $250 and costs. Sbe filed ber appeal bond, wbicb was approved October 28, 1904. This record recites that “on March 6, 1905,” tbe first day of tbe next circuit court of said county, “tbe following papers on 'appeal from tbe justice’s court of T. M. Lemly, justice of tbe peace, were filed in tbe circuit…
2Cases cited1 opinion
- Pettus v. PattersonMississippi Supreme Court · 1872
3Cited by4 opinions
- Rodgers v. City of HattiesburgMississippi Supreme Court · 1911
- Travillion v. StateMississippi Supreme Court · 1949
- Pierce v. JerniganMississippi Supreme Court · 1928
- Gilmer v. StateMississippi Supreme Court · 1930