City of Jackson v. Harland
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. HoN. W. H. PotteR, Judge. B. E. Harland was acquitted of keeping and exhibit-: ing a gambling device contrary to an ordinance.- Prom the judgment, the city of Jackson appeals.
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Appeal from the circuit court of Hinds county. HoN. W. H. PotteR, Judge. B. E. Harland was acquitted of keeping and exhibit-: ing a gambling device contrary to an ordinance.- Prom the judgment, the city of Jackson appeals. This case was tried before the circuit judge, a jury being waived, on an agreed statement of facts, which is set out below, on appeal from a conviction in the municipal court on an affidavit which charged that: The defendant, “on or about September 27, 1915, in the city limits of Jackson, did then and there willfully and unlawfully keep and exhibit a certain gambling game…
1Opinion of the CourtSmith, C. J.
This cause was submitted to the judge below without a jury, upon an agreed statement of • facts, who, after finding that the evidence “did not show the offense charged in the affidavit,” discharged appellant.
This record does not present a question of law within the meaning of paragraph 2, section 40, Code 1906, and the right of the city to appeal is governed by State v. Willingham, 86 Miss. 203, 38 So. 334, and State v. Brooks, 102 Miss. 661, 59 So. 860, from which it follows that the appeal must be, and is, dismissed.
Dismissed.
2Cases cited2 opinions
- State v. WillinghamMississippi Supreme Court · 1905
- State v. BrooksMississippi Supreme Court · 1912
3Cited by9 opinions
- State v. InsleyMississippi Supreme Court · 1992
- City of Pascagoula v. CunninghamMississippi Supreme Court · 1926
- City of Pascagoula v. DelmasMississippi Supreme Court · 1930
- State v. AdamsMississippi Supreme Court · 1920
- State v. AshleyMississippi Supreme Court · 1943
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