Legal Opinion

Smith v. State

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 4 opinions

Eeom the circuit court of Lauderdale county. Hon. HobeRT E. Cochran, Judge. Smith and others, appellants, were defendants in the court helow to a proceeding hy the state to recover on a hail hond alleged to have been forfeited.

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Eeom the circuit court of Lauderdale county. Hon. HobeRT E. Cochran, Judge. Smith and others, appellants, were defendants in the court helow to a proceeding hy the state to recover on a hail hond alleged to have been forfeited. In November, 1903, a justice of the peace required Smith, one of the appellants, to execute an appearance bond in the penalty of $1,000, conditioned that he appear at the next term of the circuit court to await the action of the grand jury on the charge of “conspiracy to rob,” which bond he executed, with the other appellants herein as sureties. At the January term of…

1Opinion of the Court

Whitfield,) O. J.,

delivered tRe opinion of tRe court.

TRe justice of tRe peace in tRis case on November 1, 1903, bound SmitR over to appear before tRe circuit court to await tRe action of tRe grand jury on tRe cRarge of conspiracy to rob. He Rad no power to do tRis, and tRe bond is void. Code 1892, .§§ 2420, 2421, provides tRat justices of tRe peace Rave final jurisdiction of misdemeanors, and must try and dispose of tRem according to law. TRe justice of tRe peace sRould Rave tried *317Smith, and acquitted him or convicted him. The only bond he could take of Smith on this charge is the one…

2Cited by4 opinions

  1. Cooper v. RiversMississippi Supreme Court · 1909
  2. Martin v. StateMississippi Supreme Court · 1940
  3. Hegwood v. StateMississippi Supreme Court · 1949
  4. Boykin v. WestMississippi Supreme Court · 1938

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