Telheard v. City of Bay St. Louis
Mississippi Supreme Court
From the circuit court of Hancock county. ITon. William T. McDonald, Judge. Telheard, the appellant, was convicted, before the mayor of the city, of violating an ordinance of the city of Bay St. Louis, and appealed to the circuit court, where he was again tried and convicted, and appealed to the supreme court.
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From the circuit court of Hancock county. ITon. William T. McDonald, Judge. Telheard, the appellant, was convicted, before the mayor of the city, of violating an ordinance of the city of Bay St. Louis, and appealed to the circuit court, where he was again tried and convicted, and appealed to the supreme court. The affidavit upon which the prosecution was based charged that the accused “did, on or about the 10th day of June, 1905, within the limits of the city of B'ay St. Louis, then and there violate ordinance No. 2, sec. 7, of said city.” Constitution 1890, sec. 26, provides, among other…
1Opinion of the CourtWhitfield, C. J.
The provision of Constitution 1890, sec. 26, that in “all criminal prosecutions the. accused shall have the right to demand the nature and cause of the accusation,'’ applies to all criminal prosecutions before inferior courts. The affidavit furnishes the defendant with no information as to the nature or cause of the accusation. The reason why jury trials may be dispensed with before justices of the peace, or “such other inferior courts as may be established by law,” is because sec. 27 of the constitution so provides. Ex parte Wooten, 62 Miss., 174, rests upon that provision. The very able and…
2Cases cited3 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Arbuckle v. StateMississippi Supreme Court · 1902
- Ex parte WootenMississippi Supreme Court · 1884
3Cited by7 opinions
- Mayor of Birmingham v. O'HearnSupreme Court of Alabama · 1906
- Thomas v. Yazoo CityMississippi Supreme Court · 1909
- Clark v. StateMississippi Supreme Court · 1976
- Lee v. LeeSupreme Court of Arkansas · 1928
- Henderson v. StateSuperior Court of Delaware · 1925
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