Legal Opinion

Washington v. State

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 14 opinions

From the circuit court of Leflore county. Hon. Sydney Smith, Judge. Lady Washington, appellant, was tried and convicted in the ■court below, of the unlawful sale of intoxicants and appealed to the supreme court. The facts are fully stated in the opinion of ' the court. The statutes of this state provide for two distinct sorts of criminal courts in municipalities; first, there is the court of the police justice; secondly, there is the court of the justice of the peace.

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From the circuit court of Leflore county. Hon. Sydney Smith, Judge. Lady Washington, appellant, was tried and convicted in the ■court below, of the unlawful sale of intoxicants and appealed to the supreme court. The facts are fully stated in the opinion of ' the court. The statutes of this state provide for two distinct sorts of criminal courts in municipalities; first, there is the court of the police justice; secondly, there is the court of the justice of the peace. In cities having seven thousand inhabitants, the police justice must be elected by the citizens, and his. court is organized…

1Opinion of the CourtCalhoon, J.

We think it was error to permit the mayor by his verbal testimony to amend the transcript of the record. This must be done by the book itself, or certified amended transcript from the book or paper as it is. The transcript should be a veritable copy of the record from the book, and the transcript cannot be amended in any way, so as to change it from the actual condition of the book.

It was error to allow the mayor, who tried the case in the court below, to testify as to what a state witness had testified before him on the original trial in corroboration of her testimony on the appeal trial. It…

2Cited by14 opinions

  1. Anderson v. StateMississippi Supreme Court · 1934
  2. Ellis v. StateMississippi Supreme Court · 1971
  3. Serio v. City of BrookhavenMississippi Supreme Court · 1950
  4. Sartain v. City of Water ValleyMississippi Supreme Court · 1988
  5. McAlister v. City of Moss PointMississippi Supreme Court · 1910

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