Legal Opinion

Wilson v. Town of Handsboro

Mississippi Supreme Court

Decided March 15, 1911PublishedCited by 27 opinions

Appeal from the circuit court of Harrison county. Hon. T. H, Barrett, Judge. G. E. Wilson was convicted of failing to work tke streets of the town of Handsboro and appeals. This is an appeal from a conviction for the failure to work the streets of a municipality.

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Appeal from the circuit court of Harrison county. Hon. T. H, Barrett, Judge. G. E. Wilson was convicted of failing to work tke streets of the town of Handsboro and appeals. This is an appeal from a conviction for the failure to work the streets of a municipality. The .case on former appeal is reported in 50 South. 982. It is contended on this appeal that the court below should have sustained the motion to discharge defendant, because no replication had been filed to the plea of former jeopardy. The record shows that there was a demurrer introduced to this plea, which the court sustained at a…

1Opinion of the Court

Whitfield, G.

The effort here is to have the court correct a judgment rendered at a former term, which judgment recited that the demurrer to a plea of former jeopardy had been overruled, by showing that in truth and in fact the demurrer had been sustained, and that the mis-entry was due solely to a clerical omission by the clerk. In other words, the effort is to make the record speak the truth, to recite the judgment which the court actually rendered, instead of a judgment the direct opposite of the one which the court had actually rendered.

This is a criminal case. Consequently section 1016 of…

Also in this document: Per curiam.

2Cases cited13 opinions

  1. Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
  2. Coughran v. GutcheusIllinois Supreme Court · 1857
  3. Weed v. WeedSupreme Court of Connecticut · 1856
  4. Joy v. ThompsonMichigan Supreme Court · 1844
  5. Lewis v. RossSupreme Judicial Court of Maine · 1854

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3Cited by27 opinions

  1. Townsend v. TownsendMississippi Supreme Court · 2003
  2. Brown v. SuttonMississippi Supreme Court · 1929
  3. Shaeffer v. ShaefferMississippi Supreme Court · 1979
  4. Chrismond v. ChrismondMississippi Supreme Court · 1952
  5. MacIel v. PeopleSupreme Court of Colorado · 1970

22 more not listed; retrieve them via the Exa API.

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