Thomas v. Yazoo City

Citations

• 95 Miss. 395
• 48 So. 821

Syllabus

<p>1. Criminal Law and Procedure. Municipalities. Ordinances. Viola? tion of. Affidavit charging.</p> <p>A proseoution for the violation of a municipal ordinance may be based on an affidavit charging the offense, although the municipality be under a special charter and no mode of procedure therefor be prescribed by its ordinances.</p> <p>2. Same. Same. Evidence. Compilation of ordinances.</p> <p>An objection to the admission in evidence of a compilation of municipal ordinances because the same is not certified by the municipal clerk, is of no avail in the supreme court if on the trial in the court below the clerk 'were permitted to supply the missing certificate.</p> <p>3. Same. Same. Intoxicating liquors. Sale of. Power of municipality to prohibit.</p> <p>A municipal charter conferring on the municipality power “to restrain, prohibit, or suppress tippling houses, dramshops, . . . and all other disorderly houses,” and to “ordain all needful laws for preventing and suppressing all crime, obscenity, profanity, drunkenness, and other disorderly conduct,” gives power to prohibit the sale of intoxicating liquors.</p> <p>4. Same. Same. Cruel and unusual punishment.</p> <p>Where a municipal charter confers large powers on the municipality in the enforcement of its police powers, the fact that the minimum punishment prescribed by ordinance for an offense against the municipality, exceeds the minimum punishment provided by law for the same offense, against the state, does not make the punishment “cruel and unusual.”</p> <p>5. Same. Evidence. Other offenses. Code 1906, § 1762. Instruction.</p> <p>Code 1906, § 1762, providing that in prosecutions for violations of the liquor laws the state may give evidence as to other offenses than the one specifically charged, applies to prosecutions for violating municipal ordinances prohibiting the sale of intoxicants, and the giving of an instruction for the municipality, applying the statute is not error.</p>