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96 Miss. 635

Ex parte Weems

Mississippi Supreme Court

Decided March 15, 1910

Mississippi Supreme Court · decided 1910-03-15

• Erom the circuit court of Warren county. HoN. John N. Bush, Judge. Weems, appellant, was convicted of peddling without a license, in the court of a justice of the peace, fined $100, and having failed to pay the fine was imprisoned in the county jail, and sued out a writ of habeas corpus. The circuit court remanded him to the custody of the sheriff and he appealed to the supreme court.

Decided 1910-03-15

Smith, J.,

¶1delivered tbe opinion of tbe court.

¶2Tbe affidavit upon which appellant was convicted in the court ■of tbe justice of tbe peace wholly fails to bring tbe appellant within tbe terms of any subdivision of section 3849, Code 1906. The judgment rendered, therefore, is void.

¶3Tbe judgment of the court below is reversed, and tbe appellant discharged. Reversed.

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