Bigham v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Union County. Hon. J. W. C. Watson, Judge. At the trial of an indictment for carrying a concealed weapon, to wit, a pistol, on Nov. 4, 1880, the appellant, under his plea of prior conviction and punishment for this offence, offered the following record: — “ S. E. Bigham v. “Tiie State,— “ Carrying Concealed Pistol.”
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Appeal from the Circuit Court of Union County. Hon. J. W. C. Watson, Judge. At the trial of an indictment for carrying a concealed weapon, to wit, a pistol, on Nov. 4, 1880, the appellant, under his plea of prior conviction and punishment for this offence, offered the following record: — “ S. E. Bigham v. “Tiie State,— “ Carrying Concealed Pistol.” This day S. E. Bigham came before me, an acting justice of the peace for the county of Union, and acknowledged that he did on the 4th day of November, 1880, carry a pistol, for which he is fined one dollar and costs of suit, this February 21st,…
1Opinion of the CourtCampbell, J.
The proceedings in a trial by a justice of the peace of one charged with a misdemeanor are regulated by law, in accordance with art. 1, § 31, of the Constitution. Code 1880, § 2217. It is true that persons may be arrested, in certain cases, without a warrant; but without a charge preferred, as required by law, there is no case to be disposed of by the justice of the peace, and nothing to sustain a conviction in such a case as this record presents.
Judgment affirmed.
2Cited by13 opinions
- Loeb v. StateMississippi Supreme Court · 1923
- State v. GoetzSupreme Court of Kansas · 1902
- Bramlette v. StateMississippi Supreme Court · 1942
- Smith v. StateMississippi Supreme Court · 1945
- State ex rel. McLaurin v. McDanielMississippi Supreme Court · 1900
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