Legal Opinion

State v. Wall

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 5 opinions

Appeal from circuit court of Carroll county. . Hon. Gr. A. McLain, Judge. J. N. Wall was indicted for neg’lect of duty as a road contractor. From a judgment of acquittal the state-appeals. The facts are fully stated in the opinion of the court..

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Appeal from circuit court of Carroll county. . Hon. Gr. A. McLain, Judge. J. N. Wall was indicted for neg’lect of duty as a road contractor. From a judgment of acquittal the state-appeals. The facts are fully stated in the opinion of the court.. We submit that the record in this case will show that the hoard of supervisors, in letting the contract to the defendant for working the public roads of supervisor’s district No. 4, complied absolutely with every essential of the road law as construed by the court in the cases of State v. Edwards, 81 Miss. 399; Elmore v. State, 81 Miss. 422, and State…

1Opinion of the CourtAnderson, J.

The appellee, Wall, was indicted as road contractor of the fourth district of Carroll county, under section 4473, Code 1906; for neglect of duty as such contractor in failing to keep one of the public roads in his district in repair as required by his contract and bond, to which Indictment he interposed a demurrer, which was overruled by the court. There was then a trial, resulting in a verdict of acquittal; the court instructing the jury to return such a verdict on the ground that the order of the hoard of supervisors awarding appellee the. contract, and the contract itself, was void,…

2Cases cited1 opinion

  1. State v. ViceMississippi Supreme Court · 1894

3Cited by5 opinions

  1. St. Louis-S. F. Ry. Co. v. ThompsonSupreme Court of Oklahoma · 1929
  2. State v. MayMississippi Supreme Court · 1950
  3. Board of Sup'rs v. CooperMississippi Supreme Court · 1927
  4. State v. RogersMississippi Supreme Court · 1970
  5. Merchants' Bank & Trust Co. v. Scott CountyMississippi Supreme Court · 1933

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