Sloan v. State
Mississippi Supreme Court
Sloan v. State, 65 Miss. 490 (Miss. 1888)
Campbell
Sloan v. State
Opinion of the Court
delivered the opinion of the Court.
Sec. 2216 of the Code confers jurisdiction on justices of the peace “ of all cases of offences against the laws of this State occurring in their several districts, where the punishment prescribed does not extend beyond a fine and imprisonment in the county jail;” and this embraces offences under § 1112.
The fact that this section provides that violators of it “ shall be liable to indictment, and on conviction shall be fined,” etc., does not exclude the cases under it from the list contemplated by § 2216. Johnson v. State, 59 Miss., 543.
The indictment should have been quashed.
Reversed, indictment quashed and appellant discharged.
Reference
- Full Case Name
- Isaac Sloan v. State
- Status
- Published
- Syllabus
- 1. Justice op the Peace. Jurisdiction. Retailing liquor without license. Section %%16, Code 1880. As retailing intoxicating liquor without license only subjects the offender to fine and imprisonment, a justice of the peace has jurisdiction of such offence, under Section 2216, Code of 1880, which confers on justices of the peace jurisdiction “of all cases of offences against the laws of this State occurring in their several districts, where the punishment prescribed does not extend beyond a fine, and imprisonment in the county jail.” 2. Same. Unla/wfut retailing. Concurrent jurisdiction. Section 111%, Code 1880. And the provision in Section 1112, Code of 1880, that one guilty of such offence “shall be liable to indictment, and, on conviction, shall be fined,” * * * * “ or be imprisoned,” * * * * “ or both,” does not exclude the jurisdiction of the justice of the peace under Section 2216 of the Code.