Smothers v. City of Jackson
Smothers v. City of Jackson
Opinion of the Court
delivered the opinion of the court.
By ordinance of the city of Jackson it is provided that all ■offenses made misdemeanors under the state laws shall constitute offenses against the municipality when committed within its limits. The effect of this ordinance is to incorporate into the city ordinances all laws of the state of Mississippi of the grade of misdemeanors. In the case of Winfield v. City of Jackson, 89 Miss., 272, 42 South., 183, this ordinance was upheld. It is prospective in its operation, and includes, not only the offenses named in the statute at the date of its adoption, but all offenses
On the trial of this case, and over the objection of the defendant, the court admitted testimony as to the reputation of defendant. It was shown by certain witnesses that defendant had the reputation of being a “blind tiger” keeper, meaning one engaged in the unlawful sale of intoxicating liquors. The reputation of defendant had not been placed in issue by herself, nor had she introduced a single witness. We think the action of the court in admitting this testimony over the objection of defendant was error.
Eor that reason, the case is reversed and remanded.
Reversed and remanded.
Reference
- Full Case Name
- Emma Smothers v. City of Jackson
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Cbiminal Law and Procedure. Municipalities. Ordinance. Misdemeanors. Sale of intoxicants. Code 1906, § 3400. An ordinance making all offenses that amount to misdemeanors under the state laws offenses against the municipality, when committed within its limits, includes all offenses that the legislature may subsequently declare to be misdemeanors. 2. Same. Reputation. Evidence. Evidence of the reputation of the accused as one engaged in the unlawful sale of intoxicants is inadmissible-when the accused has introduced no evidence as to reputation.