Ex parte Wooten
Mississippi Supreme Court
Appeal from the decision of Hon. W. S. Eeatherston, Judge of the second judicial district, on habeas corpus. An act of the legislature, approved March 7, 1882, entitled, “ An act prohibiting the sale of or giving away of intoxicating liquors within five miles of the University of Mississippi,” provided in the second section thereof, (the first section having defined the offenses embraced in the act,) “ That for each and every violation of this law the party offending shall,…
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Appeal from the decision of Hon. W. S. Eeatherston, Judge of the second judicial district, on habeas corpus. An act of the legislature, approved March 7, 1882, entitled, “ An act prohibiting the sale of or giving away of intoxicating liquors within five miles of the University of Mississippi,” provided in the second section thereof, (the first section having defined the offenses embraced in the act,) “ That for each and every violation of this law the party offending shall, upon conviction, be fined not less than fifty nor more than one hundred and fifty dollars, or imprisoned not less than…
1Opinion of the CourtCampbell, C. J.
Section 31, art. 1, of the constitution of this State empowers the legislature to authorize prosecutions before justices of the peace or other inferior courts of its creation in cases of misdemeanors of the-character enumerated, viz.: petit larceny, assault and battery, and others mentioned for illustration, and to regulate the proceedings-in such cases. So far from its being the constitutional right of one thus prosecuted before a justice of the peace or other inferior court to be tried by a jury, it may be seriously doubted whether the introduction of a jury by act of the legislature is not…
2Cited by2 opinions
- Telheard v. City of Bay St. LouisMississippi Supreme Court · 1905
- Clark v. StateMississippi Supreme Court · 1976