Spears v. Town of Osyka
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Spears, appellant, was tried and convicted in the municipal court of Osyka for violating an ordinance of the town prohibiting the use of profane language on the streets; he appealed to the circuit court and was again convicted and appealed to the supreme court. The opinion of the court states the facts.
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Spears, appellant, was tried and convicted in the municipal court of Osyka for violating an ordinance of the town prohibiting the use of profane language on the streets; he appealed to the circuit court and was again convicted and appealed to the supreme court. The opinion of the court states the facts. The district attorney on the trial in the circuit court failed to introduce the ordinance, if there be one, which defendant is charged to have violated. For this failure the court below should have sustained the appellant’s…
1Opinion of the CourtMayes, J.
This appeal is prosecuted from a conviction in the mayor’s court in the town of Osyka of the violation of a town ordinance. An appeal was taken to the circuit court, and on the trial there the ordinance under which the prosecution is conducted was not introduced in evidence. When the testimony was in, counsel for appellant, moved to exclude the testimony because of the failure on the paid of the prosecution to introduce in evidence the ordinance. This motion was overruled by the court, and this is assigned as error. The question was settled in the case of Naul v. McComb City, 70 Miss., 699,…
2Cases cited1 opinion
- Naul v. McComb CityMississippi Supreme Court · 1893
3Cited by2 opinions
- Bohannan v. City of LouisvilleMississippi Supreme Court · 1932
- Kyle v. Town of Calhoun CityMississippi Supreme Court · 1920