Husbands v. State
Mississippi Supreme Court
-Appeal from tbe circuit court of Jasper county. Hon. D. C. Enochs, Special Judge. Hus Husbands was convicted of petty larceny and appeals. Tbe facts are fully stated in tbe opinion of tbe court. I do not care .to burden tbe court with a lengthy argument in this cause, because I believe that tbe entire proceedings before tbe circuit court were void, and I have no fear that this court will disagree with me. First.
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-Appeal from tbe circuit court of Jasper county. Hon. D. C. Enochs, Special Judge. Hus Husbands was convicted of petty larceny and appeals. Tbe facts are fully stated in tbe opinion of tbe court. I do not care .to burden tbe court with a lengthy argument in this cause, because I believe that tbe entire proceedings before tbe circuit court were void, and I have no fear that this court will disagree with me. First. I will treat tbe affidavit, or the instrument called an affidavit in tbe court below. By reading appellant’s motion to quash tbe court will readily see that appellant, defendant…
1Opinion of the CourtSmith, C. J.
Appellant was convicted in a court of a justice of the peace of the crime of petit larceny, and ivas again convicted on an appeal to the circuit court. When the case reached the circuit court, a motion was made by appellant to quash the affidavit on which he was being tried, for the reason that it was not subscribed and sworn to. The affidavit was regular on its face, with the exception that it was not signed by the affiant. When this motion was submitted to the court, no evidence was introduced *551relative thereto, and the motion was overruled; the attention of the court seeming to have been…
2Cited by3 opinions
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- State v. JacksonMississippi Supreme Court · 1926