Legal Opinion

Elmore v. State

Mississippi Supreme Court

Decided October 15, 1902PublishedCited by 4 opinions

From the circuit court of Holmes county. Hon. William F. Stevens, Judge. Elmore and his partner, Johnson, appellants, were indicted, tried and convicted of a misdemeanor, under laws 1900, p. 153, ch. 119, sec. 10, and appealed to the supreme court. Their demurrer to the indictment was overruled by the court below, and this was assigned as error in the supreme court. The truth of the averments of the indictment may be conceded and yet appellants be guilty of no offense.

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From the circuit court of Holmes county. Hon. William F. Stevens, Judge. Elmore and his partner, Johnson, appellants, were indicted, tried and convicted of a misdemeanor, under laws 1900, p. 153, ch. 119, sec. 10, and appealed to the supreme court. Their demurrer to the indictment was overruled by the court below, and this was assigned as error in the supreme court. The truth of the averments of the indictment may be conceded and yet appellants be guilty of no offense. If 1 ‘ what is charged may be true, and yet the defendant may not be guilty of the offense contemplated, ’ ’ the indictment…

1Opinion of the CourtTerral, J.

The indictment alleges that the defendants, being under contract to keep public road No. 11 in good repair, did unlawfully neglect said duty, and suffered it to remain in bad repair. Section 10, ch. 119, acts 1900, makes a contractor liable as for a misdemeanor for neglecting his duty; but the contractor must be a person who has become such under that act. And by that act it is necessary that the board of supervisors elected to work the public roads by contract, divide them into convenient links, let the contract for their working for not less than two nor more than four years, by sealed bids…

2Cases cited1 opinion

  1. Finch v. StateMississippi Supreme Court · 1886

3Cited by4 opinions

  1. Williams v. StateMississippi Supreme Court · 1984
  2. Hill v. ThigpenDistrict Court, N.D. Mississippi · 1987
  3. Quin v. Pike CountyMississippi Supreme Court · 1908
  4. State v. BurkettMississippi Supreme Court · 1903

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