Legal Opinion

Buckeye Cotton Oil Co. v. State

Mississippi Supreme Court

Decided October 15, 1912PublishedCited by 2 opinions

Appeal from tlie circuit court of Hinds county. Hon. W. A. Henry, Judge. Tlie Buckeye Cotton Oil Company was convicted of working employees over ten hours a day and appeal. The facts are fully stated, in the opinion of the court. The lower court erred in convicting the appellant on each of the separate counts for having worked each of the firemen on the same day more than ten hours per day.

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Appeal from tlie circuit court of Hinds county. Hon. W. A. Henry, Judge. Tlie Buckeye Cotton Oil Company was convicted of working employees over ten hours a day and appeal. The facts are fully stated, in the opinion of the court. The lower court erred in convicting the appellant on each of the separate counts for having worked each of the firemen on the same day more than ten hours per day. We submit to the court that a strict interpretation of this penal statute clearly negatives the idea that the working of each employee each day is a separate offense. -The court itself in the Newman case…

1Opinion of the Court

Smith, C. J.,

delivered tbe opinion of the court.-

This is an appeal from a conviction for tbe violation of chapter 157 of the Laws of 1912. Tbe prosecution was begun by an affidavit lodged with a justice of tbe peace wbicb contained five counts, each count alleging the working by appellant of a separate employee for more than ten hours on tbe day named. Tbe name of tbe employee in tbe first count was Floyd Ford; in tbe second, Will Smith; in tbe third, Sol Brown; in tbe fourth, Warren Graham; and in the fifth, A. M. Henry. The case was submitted to tbe judge at circuit for decision by him,…

2Cases cited1 opinion

  1. State v. Newman Lumber Co.Mississippi Supreme Court · 1912

3Cited by2 opinions

  1. Lopanic v. Berkeley Cooperative Gin Co.Mississippi Supreme Court · 1966
  2. Handy v. Mercantile Lumber Co.Mississippi Supreme Court · 1920

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