
    Albert Bishop v. State of Mississippi.
    [52 South. 690.]
    Criminal Law and Procedure. Delinquent road hand. Code 1906, §§ 4423, 4424. Overseer’s report.
    
    Under Code 1906, §§ 4423, 4424, providing that the road overseer shall report under oath and file with the justice of the peace a list containing the names of delinquent road hands, a justice of ' the peace was without jurisdiction to try a person whose name was not contained in an overseer’s report, such report being the charge against delinquent road hands, and no other affidavit is necessary.
    Prom the circuit court of Jones county.
    Hon. Bobert L. Bullard, Judge.
    Bishop, appellant, was prosecuted and convicted before a justice of the peace of being a delinquent road hand; the prosecution was based on. an ordinary affidavit charging the offense, .a violation of Code 1906, § 4424, making it a misdemeanor for any person legally summoned to work on a public highway to fail to attend and perform the services required. Upon appeal to the circuit court appellant was tried de novo and again convicted and appealed to the supreme court. The opinion of the court sufficiently states the case.
    
      R. B. Halsell, for appellant.
    We call the court’s attention to the fact that there was no return by the overseer showing the list of delinquent road hands or that appellant was one of them.
    
      Carl Fox, assistant attorney-general, for appellee.
   Anderson, J.,

delivered the opinion of the court.

Appellant, -Bishop, was convicted in the circuit court of being a delinquent road hand, and appeals to this court.

There was a trial first before a justice of the peace, by whom the appellant was convicted, and appeal taken to the circuit court. There was no report made by the road overseer under oath and filed with the justice of the peace, containing a list of the delinquent road hands, as provided for in sections 4423 and 4424, Code 1906. Without such report, containing the name of appellant as a delinquent, the justice of the peace was without jurisdiction to try him. Such report is itself the ■charge against the delinquent road hands. . No other affidavit is necessary. When that report is. filed, warrant is issued for the delinquent, and the justice of the peace proceeds as in other criminal cases.

Reversed and remanded.  