Sloan v. State

Decided April 15, 1888

Mississippi Supreme Court · decided 1888-04-15

Hon. Ralph North, Judge. In January, 1888, Isaac Sloan was a duly elected and qualified justice of the peace for Adams County. On Jan. 24,1888, he tried, convicted and fined in the sum of $25 one R. Demarco, on a’ charge of retailing vinous and spirituous liquors in less quantities than one gallon, without license, and, upon payment of fine and costs, discharged Demarco without requiring him to give bond for his appearance to await the action of the grand jury.

Decided 1888-04-15

Campbell, J.,

¶1delivered the opinion of the Court.

¶2Sec. 2216 of the Code confers jurisdiction on justices of the peace “ of all cases of offences against the laws of this State occurring in their several districts, where the punishment prescribed does not extend beyond a fine and imprisonment in the county jail;” and this embraces offences under § 1112.

¶3The fact that this section provides that violators of it “ shall be liable to indictment, and on conviction shall be fined,” etc., does not exclude the cases under it from the list contemplated by § 2216. Johnson v. State, 59 Miss., 543.

¶4The indictment should have been quashed.

¶5Reversed, indictment quashed and appellant discharged.