Evans v. State
Evans v. State
Opinion of the Court
delivered the opinion of the court.
This is an appeal from a conviction in the circuit court, on an appeal from the court of a justice of the peace on an affidavit which charges that the accused “did shoot on a public highway.” There was no demurrer to the affidavit, which could have been readily amended; and so we do not consider the objections made in this court that it does not show what highway, nor that it was unlawfully done. This should have been brought to the attention of the court below. The statute itself seems to denounce the penalty against those who “shoot on a public highway,” and any justification should be set up in defense or taken advantage of by demurrer.
Under section 171 of our state Constitution and Code 1906,
Affirmed.
Reference
- Full Case Name
- Aaron H Evans v. State of Mississippi
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Criminal Law and Procedure. Shooting on highway. Defects in affidavit. Failure to object in trial court. Code 1906, § 4936. In a prosecution for shooting on a public highway, objections that the affidavit did not show what highway nor charge that the shooting was unlawful, will not be considered where made in the supreme court for the first time. Code 1906, § 4936. Same. Justice of the peace. Prejudice of. Constitution 1890, sec. 171. Code 1906, § 2724. Under constitution 1890, sec. 171, providing that a justice of the peace shall not preside at the trial of a case in which he is interested or in which either of the parties is related to him, and Code 1906, § 2724, providing for the transfer of a cause whenever, by reason of interest, relationship, or like cause, a justice of the peace is disqualified, mere bias and prejudice on the part of a justice of the peace before whom defendant was convicted do not disqualify, neither interest in the case nor relationship to the parties being shown.