Cook v. City of Pascagoula

Citations

• 121 Miss. 5
• 83 So. 305

Syllabus

<p>1. Municipal Cobpoeations. Ordinance imposing penalty greater than provided by state law.</p> <p>A provision in a municipal ordinance providing that all offenses against the state penal laws amounting to a misdemeanor shall be offenses against the municipality when committed within the corporate limits, and further providing that any person violating such ordinance shall, upon conviction, be fined not less than one dollar or more than one hundred dollars, or imprisoned in jail not to exceed one year or both, is void as undertaking to impose a penalty which in some cases would be in excess of the penalty provided by the state laws for the same offense.</p> <p>2. Same.</p> <p>But such excessive penalty so provided -will not invalidate the whole ordinance, since section 3419, Code 1906, provides the penalty to he imposed for violation of city ordinances.</p> <p>3. Municipal Cobpobations. General ordinances on subject of offenses self operating.</p> <p>Where a municipality takes advantage of section 3410, Code 1906, by adopting a general ordinance on the subject of offenses against the municipality, such ordinance so adopted is self operating.</p>