Legal Opinion

Beal v. State

Mississippi Supreme Court

Decided October 15, 1914Published

Appeal from the circuit court of Coahoma county. LIon. W. A. Alcorn, Judge. J. M. Beal was convicted of selling intoxicating liquors and appeals. The facts are sufficiently stated in the opinion of the court. The jurisdiction of a justice of the peace is limited to the bounds of his district.

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Appeal from the circuit court of Coahoma county. LIon. W. A. Alcorn, Judge. J. M. Beal was convicted of selling intoxicating liquors and appeals. The facts are sufficiently stated in the opinion of the court. The jurisdiction of a justice of the peace is limited to the bounds of his district. Code 1906, section 2749. A cause appealed from the justice of the peace court is tried de novo in the circuit court and the circuit court has the same jurisdiction as the justice court had. Code 1906, section 87. 'Cagle v. State, 63 So. 672; a failure to prove venue is jurisdictional in its character.…

1Opinion of the CourtSmith, C. J.

Appellant was convicted in the court of F. L. Puckett, a justice of the peace, for unlawful retailing, and again convicted on appeal to the court below. The only assignment of error upon which a reversal of the judgment of the court below is requested is that the venue was not proven. The affidavit upon which he was tried' recites that:

“Before me, F. L. Puckett, a justice of the peace of the-said county and district No. 2, D. G-. Hendricks makes oath that Jim Beal on or about the 14th day of March, A. D. 1914, in said county and district, No. 2, did willfully and unlawfully sell and, give…

2Cases cited3 opinions

  1. Casey v. BryceSupreme Court of Alabama · 1911
  2. Lindsey v. Attorney-GeneralMississippi Supreme Court · 1857
  3. Russell v. Huntsville Railway, Light & Power Co.Supreme Court of Alabama · 1902

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