Holley v. State

Citations

• 74 Miss. 878

Syllabus

<p>1. Justice op the Peace. Criminal practice. JEntry of judgment.</p> <p>If a justice of the peace tries a criminal case, of which he has jurisdiction, and enters his judgment on a loose piece of paper, and, ■after his court adjourns, transfers the entry to his docket, the judgment is not invalid.</p> <p>3. Same. Transfer of cause. Another justice.</p> <p>If an affidavit is made before a mayor, charging defendant with a misdemeanor, and the mayor transfers the affidavit and the prisoner to a justice of the peace, who tries the defendant and convicts him, without objection to the latter’s jurisdiction, the defendant cannot, upon appeal to the circuit court from such conviction, dismiss the prosecution because of irregularity in the transfer, or the want of an order on the mayor’s docket making it.</p> <p>3. Same. Ju/risciiction.</p> <p>If a justice of the peace has jurisdiction of the subject-matter of a criminal prosecution, the defendant waives the question of the jurisdiction of his person by pleading not guilty and going to trial.</p>