Winfield v. City of Jackson
Winfield v. City of Jackson
Opinion of the Court
delivered the opinion of the. court.
Courts take note of time in the calendar. October 23, 1904, was Sunday, and it is immaterial that the district attorney said it was in his argument to the jury. We are not called on to determine results, if he had said it was, when it in fact was not.
The mayor’s record was sufficient under the law. Hughston v. Cornish, 59 Miss., 374. There did not appear in the file of papers the original affidavit for arrest. It was competent for the court to hear evidence of its original existence and contents, and have it supplied.
Affirmed.
Reference
- Full Case Name
- Ida Winfield v. City of Jackson
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Municipalities. Ordinances. Single subject. Code 1892, § 3008. A municipal ordinance making all acts constituting a misdemeanor under the laws of the State offenses against the municipality is not violative of Code 1892, § 3008, providing that an ordinance shall not contain more than, one subject. 2. Cbiminal Law and Procedure. Judicial knotoledge. Time. Remarks of cou/nsel. It is not improper for a prosecuting attorney to state to a jury in ■argument that a certain day was Sunday, the statement being true; since the court takes judicial notice of time in the calendar. 3. Same. Lost affidavit. Substitution of lost record. It is competent for the circuit court on an appeal from a conviction , in a municipal court to hear evidence touching the original existence of a missing affidavit on which the prosecution was begun, and of its contents, and to have it substituted.