Evans v. State
Mississippi Supreme Court
Erom: the circuit court of, second district, Coahoma county. Hon. Samuel O. Cook, Judge. Evans, appellant, was convicted before a justice of the peace on a charge of shooting in a public highway, appealed to the circuit court, and from the judgment of that court dismissing his appeal and awarding a writ of procedendo appealed to the supreme court.
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Erom: the circuit court of, second district, Coahoma county. Hon. Samuel O. Cook, Judge. Evans, appellant, was convicted before a justice of the peace on a charge of shooting in a public highway, appealed to the circuit court, and from the judgment of that court dismissing his appeal and awarding a writ of procedendo appealed to the supreme court. Code 1906, § 1226, provides that “If any person shall be guilty of racing or shooting in any street or public highway, he shall, on conviction thereof, be fined not more than five hundred dollars.” The affidavit against appellant, after the formal…
1Opinion of the Court
Oaxhoon, I.,
delivered the opinion of the court.
This is an appeal from a conviction in the circuit court, on an appeal from the court of a justice of the peace on an affidavit which charges that the accused “did shoot on a public highway.” There was no demurrer to the affidavit, which could have been readily amended; and so we do not consider the objections made in this court that it does not show what highway, nor that it was unlawfully done. This should have been brought to the attention of the court below. The statute itself seems to denounce the penalty against those who “shoot on a public…
2Cited by3 opinions
- Ellis v. StateMississippi Supreme Court · 1971
- Winborn v. StateMississippi Supreme Court · 1952
- Griffith v. City of Bay St. LouisCourt of Appeals of Mississippi · 2001