City of Jackson v. Howard

Citations

• 135 Miss. 102
• 99 So. 497
• 1924 Miss. LEXIS 8

Syllabus

<p>1. Intoxicating Liquors. • Only magistrate before whom proper affidavit filed may issue search warrant.</p> <p>Under section 2088, Hemingway’s Code (Laws of 1908, chapter 115), authorizing the issuance of a search warrant by a justice of the peace, it is only the judge or magistrate before whom the proper affidavit is filed who, after the exercise of his own judgment as to the credibility of the affiant and the sufficiency of the affidavit, may issue a search warrant.</p> <p>2. Searches and Seizures. Clerk of municipal court not authorised to issue search warrant.</p> <p>Section 3400, Code of 1906 (section 5930, Hemingway’s Code, authorizing the clerk of a municipality to issue process from the municipal court, does not authorize such clerk to issue a search warrant.</p>