Cawthon v. State

• Court: Mississippi Supreme Court
• Writing for the Court: SMITH, J.
• Citation: Cawthon v. State, 100 Miss. 834, 57 So. 224 (Miss. 1912)
• Decision Date: 29 January 1912
• Parties: WILL CAWTHON v. STATE

57 So. 224

100 Miss. 834

WILL CAWTHON v. STATE

Supreme Court of Mississippi

January 29, 1912

October 1911

APPEAL from the circuit court of Marshall county. HON. W. A. ROANE Judge.

Will Cawthon was convicted of unlawful retailing and appeals.

The facts are sufficiently stated in the opinion of the court.

Judgment reversed and remanded.

Smith &amp Totten, for appellant.

We do insist that the case must be reversed on the fourth ground of error assigned, because there is no semblance of a certified copy of the proceedings before the justice of the peace in the record whatever that gave jurisdiction to the circuit court to try this case. Without it the circuit court would not have proceeded with the trial of the case. We think this will be conceded without further argument, and that this case should be reversed. Rodgers v. City of Hattiesburg, 55 So. 481; McPhail v. Blann, 47 So. 666; Allen v. State, 53 So. 498; City of Greenwood v. Weaver, 50 So. 98; Code of 1906, sections 84, 95.

Jack Thompson, assistant attorney-general, for appellee.

The fourth assignment of error recites that the circuit court was without jurisdiction to try this cause, and there was not a proper certified copy of the proceedings had before the justice of the peace in whose court the case originated. I, in fact, confess that I find no certificate from the justice of the peace of the court in which the case originated as to the correctness of the record, but submit the case to this court on the record as it stands.

OPINION

SMITH, J.

As this record contains no certified copy of the proceedings before the justice of the peace, in whose court this cause is supposed to have originated, the court below was without jurisdiction, and consequently the...