Gillie v. State
Mississippi Supreme Court
Appeal from circuit court of Coahoma county. Hon. W. A. Alcoen, Judge. Joe Gillie was convicted in a justice court of disturbing the peace, and appealed to the circuit, court, where his appeal was dismissed with writ of procedendo to the justice of the peace, and he appeals.
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Appeal from circuit court of Coahoma county. Hon. W. A. Alcoen, Judge. Joe Gillie was convicted in a justice court of disturbing the peace, and appealed to the circuit, court, where his appeal was dismissed with writ of procedendo to the justice of the peace, and he appeals. First: A judge is not a mere umpire, but is the active agent of society to the end that justice may be done under the law, and has inherent power to do all things that are reasonably necessary for the administration of justice within the scope of his jurisdiction. Brandon v. Carter, 119 Mo. 572, 41 Am. St. Eep. 673; State…
1Opinion of the CourtSmith, J.
The appellant, having been convicted in the court af a justice of the peace upon an affidavit charging him with disturbing the peace, etc., appealed to the court below, and when his case was called for trial therein neither he nor his counsel appeared, whereupon his appeal was dismissed, with a writ of procedendo to the justice of the peace, and he appealed to this court.
The ground upon which a reversal of the order appealed from is sought is. that the affidavit upon which the appellant was convicted in the court of a justice of the peace is so defective that.it fails to charge him with the…
2Cases cited1 opinion
- Henning v. City of GreenvilleMississippi Supreme Court · 1891
3Cited by2 opinions
- Riley v. StateMississippi Supreme Court · 1948
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927