Lee v. StateLee v. State
- Reporters:
- , ,
- Before:
- McGehee
*1 ‘877 protection, respect to which the State exacted the prescribed. may remuneration to which wе as be, express may opinion, lawfully no that the state have de- higher provided by of him the tax manded Sectiоn 2-a, appellant po- but since the not do State did no so, complain imposed by sition of the lesser tax Section 2-b.
Affirmed.
Lee v. State. (In April 14, Suggestion May 12, Banc. 1941. of Error Overruled 1941.)
[1 So. No. May 12,
(In 1941.) Banc. *2 No. [2 appellant. Farr, Martin & Prentiss, *3 Byrd, Attorney-General, appellee. M.A. Assistant
881 orally by by Argued appellant, L. for and Martin, Gr. Byrd, aрpellee. A. M. opinion of the
Roberds, J., delivered the court. Appellant assignment as error, one of сontends, jurisdiction try this the Circuit had no case Court upon produce in because the state its failed merits, on the of the record evidence, trial,, peace proceedings in the essential thereof. The cоntention is well taken. appeals true that from the Circuit Court thé both civil courts and it is certified cases, record of in the court be filed Circuit to confer Circuit Court Court, diction to on its merits. 66
Sections modified in 64, 65, 67, 1930, Code respeсts certain section Code Ball v. 3403, 1930; Sledge, (Miss; 82 214; Miss. McPhail 747, 35 So. v. Blann 1908), 47 So. Cawthon 666; State, v. 100 834, Miss. 57 224; v. 138 So. Borders Miss. State, 788, 145; So. Young State, 165, 461; v. 140 Miss. Sаlers v.
882 142 State, 375; Miss. 107 So. Cook 144 Miss. 88, v. State, 110 So. 443. 519, nothing’ need
But else be done for the to Circuit Court acquire jurisdiction. necessary It is not introduсe on to part transcript the as a of the the such trial, evidence, any part thereof. record, question adjudicated Myrick
That was the v. Man in 184 184 sell, Miss. So. 185 701, 447, So. which was 581, applies a civil but the rule same in criminal casеs. case, transcript jus- As in ateo stated that the from case, the tice when transmitted and filed in the Circuit Court, aрpeal Supreme a of the becomes Court, record on to the although in offered evidence thе in on trial the Circuit Court. duly assignments have
We considered the other appeal, on error this find no and we reversible error in this record.
Affirmed. opinion
McGehee, J., delivered the of the court on suggestion of error. opinion,
In former appeals the it was held that on to circuit court from the courts in necessary both civil and criminal it is cases, certi- a transcript fied of the record of the in the court be filed the circuit court to confer dictiоn on latter to on merits, its necessary that it was not on introduce the trial as part part transcript of the еvidence the of such record or again urged suggestion thereof. It is on of error that insofar as a criminal case is the former concerned, opinion Myrick inis conflict with the case of v. Mansell, 184 Miss. 184 701, 447, So. 185 581, 582, which was a n judge writing civil sponded opinion case wherein the re- to the contention that it was in order prove jurisdiction prоceed- ings in the court be should introduced on the by indulging appeal, the circuit trial in court appeals fоllowing court in to the circuit dictum: “On proof whom the burden cases, state, affirmatively prove neces- all оf the rests, sary jurisdictional to this end the facts, and *6 proceedings evidence,” on in of the is introduced unnecessary did for we an and uncalled since remark, should criminal case before us. If we then have a language intеrpretation indulge now in a refined of the may stating quoted, in re- above it that what is be said language quired refers thе done in criminal cases be to necessary jurisdic- necessity proving the to the of all of expression end “to this tional and that the that facts, the introduced the of ... is merely recognition done, in what is evidence” was of required truth be and what is to done. But the not of impres- opinion is writer of the that the that was under tran- sion the introductiоn of the that in cases script practice the uniform on was due to the essential, prosecuting attorneys prevailed in which of has judicial many the introduce of the districts of state to peace the from the thе in evidence of charging the on at least affidavit offense the being theory the that tried, which the accused is such procedure necessary jurisdic- prove in to the was order by tion. are been counsel, But no cases we have cited and any, find where Court has held that unable to this ever required was to be in even the affidavit introduced evi- the trial. dence on jury the to the that is entitled know exact is true charge may that
nature of the in order it be determined by proof, it sustained the but likewise whether is this is required true as to an indictment which never to be is charge evidence. The formal is al- written introduced ways jurors during the court the are trial, and the before upon retiring take it with them to consider entitled to light the evidence the verdict the introduced. More- over, have it him is the accused entitled read to before
being put to trial. Neither the indictment affi- nor the davit is evidence of the commission of a crime, presumption jurisdiction by no in favor of is created prove either. the state Whilе is the jurisdictional proof trial, facts of such facts by by must be established the evidence and not the alle- gation by of an indictment or affidavit. It is conceded n appellant by previous counsel it settled acquires decisions of this Court circuit court jurisdiction may a civil or criminal case case as the appealed be, which has been from the of the peace upon filing duly of the court, of certified tran- script record with thе circuit clerk; and then the proving burden of that the had jurisdiction diction, and that hence such has ac- been quirеd by by appeal, the circuit court means tois by testimony by be met offered state on trial instead expedient introducing the mere an affidavit *7 present made someone even who to be circuit court cross-examination. Suggestion of error overruled. City
Jimmerson Oxford. v.
(In May 12, 1941.) Banc.
[2 152. No.