Evans v. State

Decided October 15, 1907

Mississippi Supreme Court · decided 1907-10-15

Erom: the circuit court of, second district, Coahoma county. Hon. Samuel O. Cook, Judge. Evans, appellant, was convicted before a justice of the peace on a charge of shooting in a public highway, appealed to the circuit court, and from the judgment of that court dismissing his appeal and awarding a writ of procedendo appealed to the supreme court.

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Decided 1907-10-15

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Cited by 3 later decisions — most recently July 2001

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Oaxhoon, I.,

¶1delivered the opinion of the court.

¶2This is an appeal from a conviction in the circuit court, on an appeal from the court of a justice of the peace on an affidavit which charges that the accused “did shoot on a public highway.” There was no demurrer to the affidavit, which could have been readily amended; and so we do not consider the objections made in this court that it does not show what highway, nor that it was unlawfully done. This should have been brought to the attention of the court below. The statute itself seems to denounce the penalty against those who “shoot on a public highway,” and any justification should be set up in defense or taken advantage of by demurrer.

¶3Under section 171 of our state Constitution and Code 1906, *38§ 2724, bias or prejudice on tbe part of tbe justice of the peace does not disqualify him from presiding. Only kinship or pecuniary interest in the result disqualifies. • 23 Cyc., 582; 17 Ency., 738.

¶4Affirmed.