City of Water Valley v. Davis
Mississippi Supreme Court
From the circuit court of Yalobusha county. Hon. Eugene Johnson, Judge. The appellee was arrested, tried and convicted before the police justice of the city of Water Valley, on an affidavit charging him with the unlawful sale of liquor within the corporate limits of that municipality. He appealed to the circuit court, where his demurrer to the affidavit was sustained, and a judgment entered discharging him from custody. From that judgment the municipality appealed.
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From the circuit court of Yalobusha county. Hon. Eugene Johnson, Judge. The appellee was arrested, tried and convicted before the police justice of the city of Water Valley, on an affidavit charging him with the unlawful sale of liquor within the corporate limits of that municipality. He appealed to the circuit court, where his demurrer to the affidavit was sustained, and a judgment entered discharging him from custody. From that judgment the municipality appealed. Sections 2938, 2951, 2957, code 1892, confer upon municipalities full authority to prohibit the sale of liquor and prescribe…
1Opinion of the CourtCooper, C. J.
This is an appeal by tbe city of Water Valley from a judgment of the circuit court discharging the appellee, who was arrested upon a charge of violating an ordinance of the city against retailing. We find ourselves without any jurisdiction in the matter, for the reason that no appeal is, by law, provided in favor of a municipality in this class of cases. The defendant in all criminal prosecutions in the circuit court is given an appeal to this court (Code 1892, § 36), and the state is also given the right of appeal, in certain states of case, in which the defendant in a criminal prosecution…
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