Hughes v. State
Mississippi Supreme Court
Feom the circuit court of, second district, Yalobusha county. Hon. Z. M. Stephens, Judge. Hughes, appellant, was defendant in the court below; he was prosecuted and convicted of a misdemeanor and appealed to the supreme court. The facts are stated in the opinion of the court.
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Feom the circuit court of, second district, Yalobusha county. Hon. Z. M. Stephens, Judge. Hughes, appellant, was defendant in the court below; he was prosecuted and convicted of a misdemeanor and appealed to the supreme court. The facts are stated in the opinion of the court. Justices of the peace are elected constitutional officers of the state, secs. 27 and 171, constitution of 1890. Police justices, being elected by municipal councils are inferior courts to, and receive less constitutional sanction than, justices of the peace, and unless the duly elected justices of the peace having…
1Opinion of the CourtTekkal, J.
The appellant, Hughes, was prosecuted before Duke, a police justice of the city of Water Valley, for the crime of selling vinous and spirituous liquors in said city, Yalobusha county, Miss., without license, and against the peace and dignity of the State of Mississippi, and was convicted thereof; from which conviction he appealed to the circuit court of said county, and, being there convicted of said crime, he appeals here. His sole contention is that his trial before Duke was coram non judice, and that the whole proceeding is a nullity. It is admitted that Duke was duly selected and…
2Cited by3 opinions
- State Ex Rel. Knox v. SpeakesMississippi Supreme Court · 1926
- Gober v. PhillipsMississippi Supreme Court · 1928
- Drummond v. StateMississippi Supreme Court · 1938