State v. Burkett
Mississippi Supreme Court
State v. Burkett, 83 Miss. 301 (Miss. 1903)
Calhoon
State v. Burkett
Opinion of the Court
delivered the opinion of the court.
‘On the authority of the case of Gilmore v. State (Miss.), 33 South., 171, and its citations, the demurrer to the indictment was properly sustained. There is no averment that the law for working the public roads by contract was put in operation in Oarroll county, and courts cannot judicially know that it was. Elmore v. State, 81 Miss., 422.
Affirmed.
Reference
- Full Case Name
- State of Mississippi v. George H. Burkett
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Ceimihal Law. Road Contractor. Laws 1900, p. 153, ch. 119. FaiVwre to work roads. Indictment. An indictment against a road contractor, under Laws 1900, p. 153, ch. 119, empowering the board of supervisors in ita discretion to have the highways worked by contract, is demurrable if it fail to charge that the law for working- the roads by contract had-been put in operation in the county. 2. Same. Judicial notice. Orders of hoard of supervisors. The courts do not take judicial notice of the orders' of boards of supervisors placing said' law in force in their respective counties.