Monroe v. State
Mississippi Supreme Court
Appeal from the circuit court of Marshall county. Hon. H. K. Mahon, Judge. David Monroe was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. In Rodgers v. City of Hattiesburg, 99 Miss. 643, this court has said: “The question of jurisdiction can he raised at any time. It may be raised for the first time in this court. The court, of its own motion, will dismiss an appeal where it has no jurisdiction.”
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Appeal from the circuit court of Marshall county. Hon. H. K. Mahon, Judge. David Monroe was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. In Rodgers v. City of Hattiesburg, 99 Miss. 643, this court has said: “The question of jurisdiction can he raised at any time. It may be raised for the first time in this court. The court, of its own motion, will dismiss an appeal where it has no jurisdiction.” Assignment of error No. 1 — “Justice of the peace shall have jurisdiction, concurrent with the circuit court of the county over all crimes…
1Opinion of the CourtSmith, C. J.
Appellant, having been convicted in the court of a justice of the peace of the unlawful sale of intoxicating liquor, appealed to the circuit court, and, being there again convicted, appeals to this court.
The evidence discloses the county and state in which the crime is alleged to have been committed, but is wholly •silent as to whether or not it was committed within the district of the justice of the peace in whose court the case originated, and thus fails to show that he, and consequently the circuit court on appeal, had jurisdiction to try the case. No exception was taken to the failure to…
2Cases cited5 opinions
- Lea v. StateMississippi Supreme Court · 1886
- Isabel v. StateMississippi Supreme Court · 1911
- Burnett v. StateMississippi Supreme Court · 1895
- Coon v. StateMississippi Supreme Court · 1872
- Thompson v. StateMississippi Supreme Court · 1875
3Cited by10 opinions
- Slaton v. StateMississippi Supreme Court · 1924
- Thompson v. StateMississippi Supreme Court · 1929
- Ivy v. StateMississippi Supreme Court · 1925
- Wilson v. StateNebraska Supreme Court · 1928
- Dodson v. StateMississippi Supreme Court · 1928
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