Legal Opinion

Elzey v. State

Mississippi Supreme Court

Decided October 15, 1915PublishedCited by 7 opinions

Appeal from the circuit court of Harrison county. Hon. Jas. H. Neville, Judge. Samuel Elzey was convicted in a justice of the peace court for abandoning his wife, and being again convicted on appeal to the circuit court, he again appeals. The facts are fully stated in the opinion of the court. The record shows that appellant was married on the 19th day of August, 1914, and that they lived together about eleven or twelve days.

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Appeal from the circuit court of Harrison county. Hon. Jas. H. Neville, Judge. Samuel Elzey was convicted in a justice of the peace court for abandoning his wife, and being again convicted on appeal to the circuit court, he again appeals. The facts are fully stated in the opinion of the court. The record shows that appellant was married on the 19th day of August, 1914, and that they lived together about eleven or twelve days. This was an appeal from the justice court of J. W. Farrish, the justice’s record being found at pages 2-10 of tbe record, tbe affidavit being found at page 2, showing…

1Opinion of the CourtPotter, J.

This case originated before a justice of the peace in the city of Biloxi in Harrison county. Appellant having been convicted of vagrancy in the justice’s court, in that he deserted his v7ife without cause, appealed to the circuit court, and, again having been convicted, he appeals to this court.

The only question in this case is whether or not the record shows that the justice’s court had jurisdiction of the case when tried there. The only testimony found in the record as to where the defendant was alleged to have deserted his wife is as follows: “Q. Where was she-living when he left her ¶ A.…

2Cases cited2 opinions

  1. Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
  2. Mayes v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1897

3Cited by7 opinions

  1. Slaton v. StateMississippi Supreme Court · 1924
  2. Clark v. StateMississippi Supreme Court · 1957
  3. Mitchell v. StateMississippi Supreme Court · 1961
  4. Henry v. Board of SupervisorsMississippi Supreme Court · 1916
  5. Crosby v. StateMississippi Supreme Court · 1924

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