51 So. 403 | Miss. | 1910
delivered the opinion of the court.
The city of Laurel appealed this case-. It seems to- be conceded by all parties that the city of Laurel has more than seven-thousand inhabitants, and its charter is the general municipal’ law of the state. The mayor and board of aldermen of the-city of Laurel passed an ordinance providing for the election of a police justice pro tern, by the mayor and board of aider-men, and after passing the ordinance proceeded to- elect one B.. B. Carter to fill the place. Afterwards an affidavit was made against Turner, appellant, charging him with a violation of a city ordinance. We do- not deem it necessary to set out the charge, since no question grows out of it alone. A trial was-had before the police justice pro tem., resulting in a conviction of Turner, who prosecuted an appeal to the circuit court of the county. When the cause- reached there, the defendant made-a motion to dismiss the case, because the trial and conviction was before a police justice pro te to., elected by the mayor and board of aldermen of the city of Laurel without any power so-to- do. The court sustained the motion, dismissed the case, and discharged the defendant.
The sole question in this case is whether or not the city of' Laurel, being a city of over seven thousand inhabitants, has the power to select a police justice pro te to. by its mayor and
The action of the court was correct. Affirmed.
