City of Jackson v. Harland
Mississippi Supreme Court
City of Jackson v. Harland, 112 Miss. 41 (Miss. 1916)
72 So. 850
Smith
City of Jackson v. Harland
Opinion of the Court
delivered the opinion of the court.
This cause was submitted to the judge below without a jury, upon an agreed statement of • facts, who, after finding that the evidence “did not show the offense charged in the affidavit,” discharged appellant.
This record does not present a question of law within the meaning of paragraph 2, section 40, Code 1906, and the right of the city to appeal is governed by State v. Willingham, 86 Miss. 203, 38 So. 334, and State v. Brooks, 102 Miss. 661, 59 So. 860, from which it follows that the appeal must be, and is, dismissed.
Dismissed.
Reference
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- Syllabus
- .Municipal Cokpoeations. Ordinances. Appeal. Questions of law. Under Code -1906, section 40, paragraph 2, providing for appeals by the state or a municipality from a judgment in the circuit court acquitting the defendant, where a question of law has been, decided adversely to the state or municipality, where a defendant was acquitted before the circuit court on a charge of violating a city ordinance, the case by agreement being tried before the circuit judge, who decided that the evidence “did not show the offense charged in the affidavit,” and discharged the defendant, in such case the record- does not present a question of law within the meaning of said code section and the city was not entitled to appeal.