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96 Miss. 257

Files v. State

Mississippi Supreme Court

Decided October 15, 1909

Mississippi Supreme Court · decided 1909-10-15

FROM the circuit court of Itawamba county. HoN. JoiiN H. Mitchell, Judge. • Files, appellant, was convicted before a justice of the peace of using profane language in a public place, appealed to the' circuit court; defendant’s demurrer to the affidavit was overruled by the circuit court and he was there tried de novo, convicted, fined, and appealed’ to the supreme court.

Cited by 1 later decisions — most recently November 1959

1 state decisions

Relies on State v. Shanks

Good law ✅— No negative treatment on recordhow we know

Decided 1909-10-15

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Smith, J.,

¶1delivered the opinion of the court.

¶2The demurrer interposed to the affidavit in the court below should have been sustained, for the reason that the affidavit failed to designate the particular public place where the defendant used the alleged profane language. State v. Shanks, 88 Miss. 410, 40 South. 1005.

¶3'Reversed and remanded.

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