Legal Opinion

Rosetto v. City of Bay St. Louis

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 9 opinions

From the circuit court of Hancock county. Hon. William II. Hardy, Judge. Rosetto, appellant, was tried and convicted in the municipal court of Bay St. Louis, presided over by a mayor pro tempore, of violating an ordinance of the citymaking'it an offense to keep a gambling house; he appealed to the circuit court, was there tried de novo, again convicted and appealed to the supreme court. The facts are stated in the opinion of the court.

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From the circuit court of Hancock county. Hon. William II. Hardy, Judge. Rosetto, appellant, was tried and convicted in the municipal court of Bay St. Louis, presided over by a mayor pro tempore, of violating an ordinance of the citymaking'it an offense to keep a gambling house; he appealed to the circuit court, was there tried de novo, again convicted and appealed to the supreme court. The facts are stated in the opinion of the court. The first thing we wish to consider is the refusal of the trial court to overrule the motion to quash the affidavit. Hnder the agreed statement of facts the…

1Opinion of the CourtAnderson, J.

The appellant was convicted under an ordinance of the city ■of Bay St. Louis for conducting a gambling house, and appeals to this court.

The following questions are presented for decision by this ■court: First, whether the mayor pro tern., before whom appellant was tried and convicted, had the power to try him; second, *413whether the city had the power to pass the ordinance in question;. third, whether the affidavit charges any offense under the ordinances of the city; fourth, whether there was error in admitting’ testimony on behalf of the state that, when appellant was arrested, he had a gun…

2Cases cited5 opinions

  1. Wooster v. StateSupreme Court of Alabama · 1876
  2. Powers v. StateMississippi Supreme Court · 1903
  3. Cooper v. MooreMississippi Supreme Court · 1870
  4. Handy v. StateMississippi Supreme Court · 1885
  5. Hurley v. City of CorinthMississippi Supreme Court · 1910

3Cited by9 opinions

  1. Upchurch v. City of OxfordMississippi Supreme Court · 1944
  2. King v. City of LouisvilleMississippi Supreme Court · 1949
  3. Greene County v. Corporate Management, Inc.Mississippi Supreme Court · 2009
  4. Brown v. StateMississippi Supreme Court · 1934
  5. McClure v. City of NatchezMississippi Supreme Court · 1928

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