City of Jackson v. Belew
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Habeas Corpus by John Belew. Relator discharged and the city of Jackson appeals. This is an appeal by the city of Jackson from a judgment entered by the circuit judge, discharging the appellee from custody on a writ of habeas corpus. Appellee had been convicted in the justice of the peace court for selling intoxicating liquors, and a fine of one hundred dollars imposed.
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Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Habeas Corpus by John Belew. Relator discharged and the city of Jackson appeals. This is an appeal by the city of Jackson from a judgment entered by the circuit judge, discharging the appellee from custody on a writ of habeas corpus. Appellee had been convicted in the justice of the peace court for selling intoxicating liquors, and a fine of one hundred dollars imposed. It being shown at the trial that he was an habitual violator of the liquor laws, the justice of the peace, acting under section 1561 of the Code of 1906,…
1Opinion of the CourtCook, J.
We think that this case is controlled by section 1561, Code 1906, alone. It will be observed that this section •of the Code c'onfers upon “every court before which any person shall be convicted of an offense less than a felony” the power to require the convict to execute a peace bond', “in addition to the penalty prescribed by law.” The peace bond authorized by this section is an additional penalty which the court may or may not impose upon 'persons who have been convicted of a criminal offense. The general sections of the Code just preceding section 1561, relating to peace bonds, have no…
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