Upchurch v. City of Oxford

Appellant was convicted of a misdemeanor in the municipal court of Oxford, Mississippi, before Mr. C. E. Harrison, acting as mayor and trial judge. The only question argued on this appeal in the able brief of appellant, and the only one we decide, is whether Harrison, when so acting as municipal trial judge, was at least a de facto officer. The question is presented under these circumstances: Mr. Branham Hume was elected mayor of Oxford in December, 1942, for a two-year term, beginning in January, 1943. At the January, 1943, meeting of the mayor and aldermen Mr. Hume requested, and was…