City of Greenwood v. Weaver
Mississippi Supreme Court
From the circuit court'of Leflore county. How. James M. CashiN, Judge. Weaver, appellee, having been convicted before the mu-* nicipal court of Greenwood for the violation of an ordinance of the city prohibiting the carrying of deadly weapons concealed, appealed to the circuit court, where he was again tried and acquitted, a peremptory instruction having been given in his favor, and the city of Greenwood appealed to the supreme court.
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From the circuit court'of Leflore county. How. James M. CashiN, Judge. Weaver, appellee, having been convicted before the mu-* nicipal court of Greenwood for the violation of an ordinance of the city prohibiting the carrying of deadly weapons concealed, appealed to the circuit court, where he was again tried and acquitted, a peremptory instruction having been given in his favor, and the city of Greenwood appealed to the supreme court. The record of appeal from the municipal court to the circuit court was certified not by tire mayor and ex-officio police justice of the city, but by the city…
1Opinion of the Court
Mates, J\,
delivered tbe opinion of tbe court.
In tbe argument of tbis case we are invited to pass upon ■questions not necessarily involved in tbe decision. We decline to discuss any question not essential to a disposition, of tbis •case, and confine ourselves to the single question.
Code 1906, § 85, provides that: “The justice of tbe peace, mayor, or police justice of any city, town, or village from whose decision an appeal shall be taken, shall at once transmit to the clerk of that court a certified copy of the record of the proceedings,” etc. This section clearly contemplates that the record…
2Cited by9 opinions
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- Xydias v. PellmanMississippi Supreme Court · 1919
- Whittington v. StateMississippi Supreme Court · 1953
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