Legal Opinion

Walters v. State

Mississippi Supreme Court

Decided October 15, 1921No. 22245PublishedCited by 4 opinions

Appeal from circuit court of Perry county. IIon. E. S. Hall, Judge. Lloyd Walters was convicted of the unlawful sale of intoxicating liquors, and he appeals. After the appellant had been tried and convicted and sentenced in his absence, on the 22nd day of April, 1921, he filed a motion and an affidavit to have the trial, conviction and sentence set aside and to be awarded a new trial.

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Appeal from circuit court of Perry county. IIon. E. S. Hall, Judge. Lloyd Walters was convicted of the unlawful sale of intoxicating liquors, and he appeals. After the appellant had been tried and convicted and sentenced in his absence, on the 22nd day of April, 1921, he filed a motion and an affidavit to have the trial, conviction and sentence set aside and to be awarded a new trial. Assignment No. 1. In support of tbe first reversible error herein pointed out and urged, we cite articles 5 and 6 of the articles in addition to, and amendment of, the Constitution of the United States of…

1Opinion of the CourtCook, J.

The appellant, Lloyd Walters, ivas convicted of the unlawful sale of intoxicating liquors, and appeals to this court.

Appellant was tried in his absence, and the grounds principally relied upon for a reversal are: First, the refusal of the court to grant his application for a continuance; and, second, the overruling of his motion for a new trial.

It appears from the record that this case was first set for trial on April 12, 1921, and that defendant was present in court on that date. The case was not reached on that date, and was reset for April 16th. On the morning of the 16th of April,…

2Cases cited3 opinions

  1. Wiley v. StateMississippi Supreme Court · 1897
  2. Simmons v. StateMississippi Supreme Court · 1912
  3. Horton v. StateMississippi Supreme Court · 1913

3Cited by4 opinions

  1. Booker v. StateMississippi Supreme Court · 1984
  2. Jordan v. StateMississippi Supreme Court · 1985
  3. Harvey v. StateMississippi Supreme Court · 1969
  4. Gordon v. StateMississippi Supreme Court · 1977

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