Ford v. State

Citations

• 96 Miss. 85
• 50 So. 497

Syllabus

<p>Bbeach op the Peace. Peace 'bonds. Nature of remedy. Proceedings. Jurisdiction. Appeal>. Submission to jury. Harmless error. Code 1906, § 1548.</p> <p>Proceedings under-Code 1906, § 1548, providing that whenever complaint is made to a justice of the peace charging a person with threatening to commit an offense against the person or property of another, the justice may issue a warrant for the arrest of the accused and may require him to give a peace bond, are: — ></p> <p>(а) In strictness neither civil nor criminal proceedings; hut partake so much of the nature of criminal proceedings that jurisdiction will lie in any county, or justice of the peace district, where the threats were made or the hostile action performed; and</p> <p>(б) The proceedings being preventive, the court should solve reasonable doubts in favor of requiring bond for good behavior; and</p> <p>(c) In case of appeal to the circuit court from the judgment of the justice of the peace the cause is triable by the circuit judge, without a jury; but</p> <p>id) Where on such appeal the case was submitted to a jury and the verdict was adverse to the party charged and the court, the evidence being sufficient to justify it, required bond, the submission of the case to the jury was mere harmless error.</p>