Johnson v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lee County. Hon. J. A. Green, Judge. Burwell Johnson was tried and convicted before the mayor of the incorporated town of Tupelo under an ordinance against gaming. He was afterwards indicted under the State law for the same offence, and pleaded the former conviction in bar.
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Appeal from the Circuit Court of Lee County. Hon. J. A. Green, Judge. Burwell Johnson was tried and convicted before the mayor of the incorporated town of Tupelo under an ordinance against gaming. He was afterwards indicted under the State law for the same offence, and pleaded the former conviction in bar. The court below held that the mayor as justice of the peace had no jurisdiction of the offence of gaming, and that conviction under the town ordinance was no bar. 1. No one can be twice tried for the same offence. Const. art. 1, § 5. By act of July 20, 1870, under Const, art. 1, § 31, the…
1Opinion of the CourtCampbell, C. J.
The conviction of the appellant before the mayor for the violation of the ordinance of the town by the act for which he was indicted was not a bar to the indictment.
It is a mistaken view that a justice of the peace may not try a charge of gaming. The jurisdiction is conferred by § 2216 of the Code of 1880, and is not taken away by § 2858 of the same Code. The two must be construed so that both may stand, and the latter be held to be a general direction to the officers named to prosecute offenders against the laws against gaming, and in no way to interfere with the grant of jurisdiction by §…
2Cited by9 opinions
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