Morris v. State
| Decision Date | 11 November 1918 |
| Citation | 79 So. 811,118 Miss. 605 |
| Court | Mississippi Supreme Court |
| Parties | MORRIS v. STATE |
October, 1918
APPEAL from the circuit court of Chickasaw county, HON.J.L. BATES, Judge.
Link Morris was convicted in the circuit court, on appeal from a justice of the peace, and appeals.
The facts are fully stated in the opinion of the court.
Judgment reversed, and dismissed.
J. E. Harrington, for appellant.
Frank Roberson, Assistant Attorney-General, for the state.
Link Morris, the appellant, appeals from judgment rendered by the circuit court of Chickasaw county, First district, imposing a sentence to pay a fine of fifty dollars and costs, and a thirty-day jail sentence, which was suspended during good behavior. The verdict of the jury was in the following words:
"We, the jury, find the defendant guilty as charged." This record contains neither an indictment nor an affidavit. It appears that the prosecution originated in the justice of the peace court, but the only thing shown by the record with reference to the jurisdiction and procedure in the justice of the peace court is the following:
W. M. HELMS, J. P.
In the case of Hall v. State, 91 Miss. 216, 44 So. 826, this court held that an affidavit charging the offense for which the defendant is put upon trial before a justice of the peace is essential to his jurisdiction, and also to that of the circuit court on appeal, and for want of such affidavit a conviction by the circuit court will be reversed. To the same effect, see Woodson v. State, 94 Miss. 370, 48 So. 295.
Judgment is accordingly reversed, and this prosecution dismissed, without prejudice to the right of the state to begin a proper prosecution.
Reversed and dismissed.
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Hall v. State
...897 (1928). The Court reached a substantially similar result in Woodson v. State, 94 Miss. 370, 48 So. 295 (1909), and Morris v. State, 118 Miss. 605, 79 So. 811 (1918). In both Woodson and Morris, the Court reversed a judgment of conviction and dismissed the prosecution where no charging d......
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Lynchard v. State
... ... party who is to answer them, and by the court and jury ... 2 R. C ... An ... affidavit charging an offense for which defendant is put on ... trial before a justice of the peace is essential to his ... jurisdiction also circuit court on appeal ... Morris ... v. State, 118 Miss. 605, 79 So. 811; Section 26, Constitution ... of Mississippi; 16 C. J. 294; Thompson v. State, 51 ... Miss. 353; Riley v. State, 43 Miss. 397; ... Williams v. State, 42 Miss. 328; Newcomb v ... State, 37 Miss. 383; State v. Rodgers, 29 So ... 73; Walton v. State, 64 ... ...
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Jones v. State
... ... State, 63 So. 672; ... Kyle v. Town of Calhoun City, 86 So. 340; Hortan ... v. State, 86 So. 338; Norwood v. State, 93 So ... 354; Pittman v. State, 65 So. 123; State v ... Glennon et al., 47 So. 550. A valid and proper charge is ... indispensable to confer jurisdiction. Morris v ... State, 118 Miss. 605, 7 So. 811; Hall v. State, ... 91 Miss. 216, 44 So. 826; Woodson v. State, 94 Miss. 370, 48 ... The ... evidence is wholly insufficient to support the verdict. It is ... now too firmly established by this court to be questioned ... that unlawful ... ...
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State v. Langford, 16699
...it is held that an affidavit charging the offense for which the defendant is put on trial is essential to his jurisdiction, Morris v. State, 118 Miss. 605, 79 So. 811, while in Alabama an accused may waive the right to be apprised by written complaint of the nature and character of the proc......