Evans v. State

Citations

• 92 Miss. 34
• 45 So. 706

Syllabus

<p>1. Criminal Law and Procedure. Shooting on highway. Defects in affidavit. Failure to object in trial court. Code 1906, § 4936.</p> <p>In a prosecution for shooting on a public highway, objections that the affidavit did not show what highway nor charge that the shooting was unlawful, will not be considered where made in the supreme court for the first time. Code 1906, § 4936.</p> <p>Same. Justice of the peace. Prejudice of. Constitution 1890, sec. 171. Code 1906, § 2724.</p> <p>Under constitution 1890, sec. 171, providing that a justice of the peace shall not preside at the trial of a case in which he is interested or in which either of the parties is related to him, and Code 1906, § 2724, providing for the transfer of a cause whenever, by reason of interest, relationship, or like cause, a justice of the peace is disqualified, mere bias and prejudice on the part of a justice of the peace before whom defendant was convicted do not disqualify, neither interest in the case nor relationship to the parties being shown.</p>