McAlister v. City of Moss Point
Mississippi Supreme Court
From: tbe circuit court of Jackson county. Hon. William: H. Hardy, Judge. McAlister, appellant, was tried and convicted of violating .a municipal ordinance, prohibiting tbe sale of intoxicating liquors, was sentenced to a fine and imprisonment, and appealed to tbe supreme court. Tbe opinion of tbe court states tbe facts.
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From: tbe circuit court of Jackson county. Hon. William: H. Hardy, Judge. McAlister, appellant, was tried and convicted of violating .a municipal ordinance, prohibiting tbe sale of intoxicating liquors, was sentenced to a fine and imprisonment, and appealed to tbe supreme court. Tbe opinion of tbe court states tbe facts. Tbe affidavit merely charges that tbe liquor was sold “in said county,” hence, tbe mayor bad no jurisdiction to try tbe case, it not being alleged that tbe sale occurred in tbe city of Moss Point. And, as tbe mayor bad no- jurisdiction, tbe ■circuit co-urt could have m>…
1Opinion of the CourtSmith, J.
'delivered the opinion of the court.
Appellant, having been convicted in the mayor’s court on a ■charge of unlawfully selling intoxicating liquors, appealed to the circuit court, and, being again convicted, appeals to this court.
The affidavit upon which he was tried is in the following language: “Before me, the undersigned authority, Geo. W. O’Neill, mayor of the city of Moss Point, comes P. D. McLeod, sheriff of Jackson county, who makes oath that Alex McAlister, on the 12th day of July, 1909, in said county, did unlawfully sell to Enos Miller and other persons vinous, spirituous, alcoholic,…
2Cases cited1 opinion
- Washington v. StateMississippi Supreme Court · 1908
3Cited by3 opinions
- Sartain v. City of Water ValleyMississippi Supreme Court · 1988
- Johnson v. City of AberdeenMississippi Supreme Court · 1937
- Wilson v. City of AberdeenMississippi Supreme Court · 1937