Telheard v. City of Bay St. Louis

Citations

• 87 Miss. 580
• 40 So. 326

Syllabus

<p>1. Criminal Law. Indictment. Affidavit. Constitution 1890, see. 26.</p> <p>Constitution 1890, sec. 26, providing that in all criminal prosecutions the accused shall have the right to demand the nature and cause of the accusation against him. applies to all prosecutions before all inferior courts.</p> <p>2, Same. Municipalities. Ordinances.</p> <p>An affidavit which charges that the accused on a certain date, within the limits of the city, violated an ordinance of the municipality, designating the same by number and section, is insufficient within the- meaning of Constitution 1890, sec. 26, providing that the accused shall have the right to demand the nature and cause of the accusation against him.</p> <p>3. Same. Appeal.</p> <p>On a prosecution for the violation of a municipal ordinance the sufficiency of the affidavit charging the offense may be raised for the first time on appeal where the question presented affects the constitutional right of the accused.</p>