Smith v. Town of Oxford
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. James B. Boothe, Judge. Smith, appellant, having been convicted in the municipal court of Oxford of unlawfully selling intoxicants, appealed to the circuit court; was there tried, convicted and sentenced for the offense charged, and appealed to the supreme court. The opinion of the court states the facts.
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From the circuit court of Lafayette county. Hon. James B. Boothe, Judge. Smith, appellant, having been convicted in the municipal court of Oxford of unlawfully selling intoxicants, appealed to the circuit court; was there tried, convicted and sentenced for the offense charged, and appealed to the supreme court. The opinion of the court states the facts. The record shows two affidavits against the appellant, one charging that he unlawfully sold intoxicants within five miles of the University of Mississippi, the other that he unlawfully sold intoxicants within the corporate limits of the…
1Opinion of the CourtCalhoon, J.
There is no stenographic report of the evidence taken on the trial, and therefore we are confined to the record itself. The appellant, Smith, was tried,in the mayor’s court; that court sitting either as a mayor’s court or as the court of the mayor as ex-officio justice of the peace. This is the point of one of the controversies. There appears in the record of the appeal from the lower court to the circuit court, as being among the papers, two distinct and separate affidavits, the. first one charging the sale of intoxicating liquors within five miles of the University of Mississippi, which…
2Cited by2 opinions
- Evans v. StateMississippi Supreme Court · 1926
- Garner v. StateCourt of Appeals of Mississippi · 2003