McLain v. State

1. Municipal Ordinances, when in Conflict with Statutes of the State.—It is a general rule, that municipal by-laws must be in harmony with the general laws of the State, and also with the provisions of the municipal charter; and whenever they come in conflict with either, the by-laws must give way. The city can not pass an ordinance antagonistic to the State law. 2. Same.—Article S96 of the Code of Criminal Procedure provides, that no ordinance of a city or town shall he valid which provides a less penalty for any act, omission, or offense than is prescribed by the statutes where such an act or omission is an offense against the State. 3. Same—Plea of Former Conviction';—Where on a trial under an indictment charging defendant- with carrying on or about his person knuckles made of metal or some hard substance, he pleaded a former conviction for the same offense in the Mayor’s Court of the city of Vernon, and it was made to appear that tiiere was a direct conflict between the penalties inflicted by the ordinances of said city and the provisions of article 318 of the Penal Code, with regard to this offense, the ordinances prescribing a less penalty than the statute - Held, that the city ordinance was invalid, the Mayor’s Court had no jurisdiction to try the cause, and that the plea of former conviction was properly overruled in the County Court,

Appellant was put upon trial upon an indictment in the County Court, charging him with carrying on or about his person “ knuckles made of metal and a hard substance. ’ ’ He pleaded a former conviction for the same offense, before the Mayor’s Court of the city of Vernon, which plea was, on motion of the county attorney, stricken out. The trial in the County Court resulted in defendant’s conviction, his punishment being fixed at a fine of $25.