Bishop v. State

Decided March 15, 1910

Mississippi Supreme Court · decided 1910-03-15

Prom the circuit court of Jones county. Hon. Bobert L. Bullard, Judge. Bishop, appellant, was prosecuted and convicted before a justice of the peace of being a delinquent road hand; the prosecution was based on. an ordinary affidavit charging the offense, .a violation of Code 1906, § 4424, making it a misdemeanor for any person legally summoned to work on a public highway to fail to attend and perform the services required.

Cited by 2 later decisions — most recently June 1925

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1910-03-15

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Anderson, J.,

¶1delivered the opinion of the court.

¶2Appellant, -Bishop, was convicted in the circuit court of being a delinquent road hand, and appeals to this court.

¶3There was a trial first before a justice of the peace, by whom the appellant was convicted, and appeal taken to the circuit court. There was no report made by the road overseer under oath and filed with the justice of the peace, containing a list of the delinquent road hands, as provided for in sections 4423 and 4424, Code 1906. Without such report, containing the name of appellant as a delinquent, the justice of the peace was without jurisdiction to try him. Such report is itself the ■charge against the delinquent road hands. . No other affidavit is necessary. When that report is. filed, warrant is issued for the delinquent, and the justice of the peace proceeds as in other criminal cases.

¶4Reversed and remanded.