City of Jackson v. Harland

Citations

• 112 Miss. 41
• 72 So. 850

Syllabus

<p>.Municipal Cokpoeations. Ordinances. Appeal. Questions of law.</p> <p>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.</p>