Rodgers v. State
Mississippi Supreme Court
, Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Will Rodgers was convicted in the circuit court and ^appeals. The facts are fully stated in the opinion of the court.
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, Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Will Rodgers was convicted in the circuit court and ^appeals. The facts are fully stated in the opinion of the court. We submit that the state had the right to elect in the •outset into which forum it would go with the prosecution of this misdemeanor, and that it exercised that right and began the prosecution in the justice .court, the justice court and the circuit court both having concurrent jurisdiction, and having elected to go into the justice •court, the defendant then had a right to demand that lie be…
1Opinion of the CourtMayes, C. J.
The main facts relied on by appellant for reversal in this case are about as follows: It appeais that an affidavit was made before E. J. Wall, a justice of the peace in Forrest county, charging appellant with the unlawful sale of intoxicating liquors. The affidavit was lodged with the justice of the peace prior to the convening of the November, 1911, term of the circuit court of Forrest county. After the affidavit-was made and filed with the justice of the peace, a warrant fob the arrest of appellant was issued, and appellant was arrested and *851placed under bond for his appearance on the 9th…
2Cases cited2 opinions
- Smithey v. StateMississippi Supreme Court · 1908
- Neely v. StateMississippi Supreme Court · 1911
3Cited by12 opinions
- Simmons v. StateMississippi Supreme Court · 1990
- Chandler v. StateMississippi Supreme Court · 1925
- State v. ClaytonSupreme Court of North Carolina · 1959
- State v. DenningtonSuperior Court of Delaware · 1958
- Van Gundy v. O'KANESupreme Court of Colorado · 1960
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