Elmore v. State

Citations

• 81 Miss. 422

Syllabus

<p>Road Contractor. Neglect of duty. Laws 1900, p. 153, ch. 119, sec. 10. Criminal law. Indictment.</p> <p>An indictment against a road contractor for neglect of duty in suffering a highway to be out of repair, under laws 1900, p. 153, ch. 119, sec. 10, making the same a misdemeanor, is demurrable if it fail to charge that the board of supervisors—</p> <p>(a) Had elected to work the highways by public contract; or,</p> <p>(b) Had divided them into convenient links; or,</p> <p>(e) Had let the contract for their working for not less than two .nor more than four years, by sealed bids, or at public outcry to the lowest bidder who would give bond in double the amount of his bid for the performance of his contract; or, if it fail to charge</p> <p>(d) That the defendant was a road contractor, and had become such under said law; or,</p> <p>(e) The facts of the case constituting the neglect of duty.</p>