City of Gulfport v. Stratakos
Mississippi Supreme Court
Erom the circuit court of Harrison county. Hon. Walter A. Wi-iite, Special Judge. Stratakos, the appellee, was prosecuted and convicted in the police. court of Gulfport for violating the Sunday law in that he kept open his place of business, a fruit stand, and did therefrom sell fruit on the Lord’s day, commonly called Sunday, contrary to an ordinance of the city making all misdemeanors under the penal laws of the state an offense against the municipality.
Read the full summary
Erom the circuit court of Harrison county. Hon. Walter A. Wi-iite, Special Judge. Stratakos, the appellee, was prosecuted and convicted in the police. court of Gulfport for violating the Sunday law in that he kept open his place of business, a fruit stand, and did therefrom sell fruit on the Lord’s day, commonly called Sunday, contrary to an ordinance of the city making all misdemeanors under the penal laws of the state an offense against the municipality. The fruit merchant appealed from the conviction to the circuit court, where upon an agreed statement of facts he was acquitted, and the…
1Opinion of the CourtMayes, J.
This prosecution was begun in March, 1907, under the Code of 1906. Section 40, par. 2, of the Code, gives a municipality the same right of appeal that is given to the state. The state, or a municipality, may appeal in any case from a judgment acquitting a defendant; where a question of law has been decided adversely to either. The record in this case presents a pure question of law, and nothing else. The agreed facts make a clear case of violation of § 1367 of the Code of 1906, if, as a matter of law, the keeper of a fruit stand is “a merchant, shopkeeper, or other person,” within the meaning…
2Cases cited3 opinions
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- State v. WillinghamMississippi Supreme Court · 1905
3Cited by9 opinions
- Natural Gas Products Co. v. ThurmanCourt of Appeals of Kentucky · 1924
- E. H. Emery & Co. v. American InsuranceSupreme Court of Iowa · 1916
- Williams v. StateSupreme Court of Georgia · 1928
- State v. FassSupreme Court of New Jersey · 1961
- City of Pascagoula v. CunninghamMississippi Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.