Legal Opinion · Dissent

Wheeler v. Shoemake

Mississippi Supreme Court

Decided February 18, 1952No. 38203Published

1DissentLee, J.

I am mindful that a statute should be construed so as to render it valid and in harmony with the Constitution, if reasonably possible; and that its unconstitutionality ought to appear beyond reasonable doubt before it should be held invalid. Quinn v. City of McComb, Miss., 55 So. (2d) 479.

Section 156, Constitution of 1890, is as follows -.“The circuit court shall have original jurisdiction in all matters civil and criminal in this state not vested by this Constitution in some other court, and such appellate jurisdiction as shall be prescribed by law.” (Emphasis supplied.)

The above section is…

2Cases cited9 opinions

  1. Bryant v. BrownMississippi Supreme Court · 1928
  2. Montross v. StateMississippi Supreme Court · 1883
  3. Cochran v. PeelerMississippi Supreme Court · 1950
  4. Beason v. StateMississippi Supreme Court · 1909
  5. Joslin v. StateMississippi Supreme Court · 1898

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