State v. Burkett
Mississippi Supreme Court
Feok the circuit court of, first district, Carroll county. IioN. William F. Stevews, Judge. Burkett aud another, appellees, were indicted, as road contractors, for failing to work the public roads of Carroll county. Their demurrer to the indictment was sustained by the court below, and the prosecution dismissed. The state appealed to the supreme court.
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Feok the circuit court of, first district, Carroll county. IioN. William F. Stevews, Judge. Burkett aud another, appellees, were indicted, as road contractors, for failing to work the public roads of Carroll county. Their demurrer to the indictment was sustained by the court below, and the prosecution dismissed. The state appealed to the supreme court. Section 11 of the act under which appellees were indicted, the law for the working of public roads by contracts, is in these words: “The provisions of this act shall not apply to any county in the state, except by an order of the board of…
1Opinion of the Court
CalhooN, I.,
delivered the opinion of the court.
‘On the authority of the case of Gilmore v. State (Miss.), 33 South., 171, and its citations, the demurrer to the indictment was properly sustained. There is no averment that the law for working the public roads by contract was put in operation in Oarroll county, and courts cannot judicially know that it was. Elmore v. State, 81 Miss., 422.
Affirmed.
2Cases cited1 opinion
- Elmore v. StateMississippi Supreme Court · 1902
3Cited by1 opinion
- Missouri, K. & T. Ry. Co. v. SavageSupreme Court of Oklahoma · 1912