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108 Miss. 524

Beal v. State

Mississippi Supreme Court

Decided October 15, 1914

Mississippi Supreme Court · decided 1914-10-15

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.

Relies on Casey v. Bryce · Lindsey v. Attorney-General · Russell v. Huntsville Railway, Light & Power Co.

Decided 1914-10-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2Appellant 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 away malt, spirituous and vinous alcoholic and intoxicating liquors, ’ ’ etc.

¶3No witness testified that the liquor was sold in district No. 2, but there was evidence that it was sold in the district of F. L. Puckett, a justice of the peace. A justice .of the peace not only holds a commission from the governor, but is a judge of a court of record; therefore the court below judicially knew that Mr. Puckett was a justice of the peace of district No. 2, and consequently that, if the liquor was sold in his district, it was sold in dis*527trictNo. 2. Jones on Evidence, section 109a; 7 Enc. Ev. 979; 16 Cyc. 913; Coleman v. Gordon, 16 So. 340; Lindsey v. Attorney-General, 33 Miss. 528; Russell v. Railway, Light & Power Co., 137 Ala. 627, 34 So. 855; Casey v. Bryce, 173 Ala. 129, 55 So. 810.

¶4Affirmed.

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