Town of Nettleton v. McCollum

By affidavit filed in mayor’s court, appellant was charged with assault. The order of the mayor’s court recited that defendant entered a plea of not guilty and was sentenced to prison for thirty days and fined $100.00. The order did not recite that the defendant was either tried or convicted. Defendant appealed to the circuit *193court, where, on motion of defendant, the court quashed the proceeding of the mayor’s court and remanded the case. The town appeals here.

The circuit court has no jurisdiction absent a record showing a judgment of conviction in the mayor’s court. An order showing a plea…