83 Miss. 301
Decided October 15, 1903
Mississippi Supreme Court · decided 1903-10-15
Feok the circuit court of, first district, Carroll county. IioN. William F. Stevews, Judge. Burkett aud another, appellees, were indicted, as road contractors, for failing to work the public roads of Carroll county. Their demurrer to the indictment was sustained by the court below, and the prosecution dismissed. The state appealed to the supreme court.
Cited by 1 later decisions — most recently March 1912
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1903-10-15
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¶1delivered the opinion of the court.
¶2‘On the authority of the case of Gilmore v. State (Miss.), 33 South., 171, and its citations, the demurrer to the indictment was properly sustained. There is no averment that the law for working the public roads by contract was put in operation in Oarroll county, and courts cannot judicially know that it was. Elmore v. State, 81 Miss., 422.
¶3Affirmed.