Durden v. State
Mississippi Supreme Court
Appeal from the circuit court of Jackson county. Hon. T. H. Barrett, Judge. B. E. Durden was convicted in a justice of the peace •court, appealed to the circuit court, which dismissed his appeal for failure to appear when his case was called for trial. From this judgment of dismissal he appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Jackson county. Hon. T. H. Barrett, Judge. B. E. Durden was convicted in a justice of the peace •court, appealed to the circuit court, which dismissed his appeal for failure to appear when his case was called for trial. From this judgment of dismissal he appeals. The facts are fully stated in the opinion of the court. The appeal from the justice court was had by virtue of section 87, Code 1906. It is there provided, among other things, that such appeal “shall be tried anew and disposed of as other cases pending therein; and on default of such defendant a…
1Opinion of the CourtNeed, J.
The appellant was convicted in a justice of the peace court of the unlawful sale of intoxicating liquor. He appealed to the circuit court, but he was not present when his case was called on the docket, and made no answer in person or by attorney. The court dismissed his appeal, and ordered that a writ of procedendo issue. The appellant, by attorney, moved the court to set aside the *574order of dismissal, and with, the motion filed an affidavit,, in which he stated that he had no knowledge of the requirements of the law relative to his attendance upon court, and that his absence was due to his…
2Cited by3 opinions
- Williams v. StateMississippi Supreme Court · 1912
- Morris v. City of TupeloMississippi Supreme Court · 1922
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927