Musselwhite v. State

Appellant, by next friend, filed a petition for a stay of execution alleging the insanity of the petitioner occurring after judgment of conviction of murder and the sentence of the court imposing the death penalty. 54 So. 2d 911 (Miss.). Upon a hearing before the trial judge, it was found that the petitioner was insane but he limited the stay of execution in the nature of a supersedeas only pending appeal.

At the outset, we avoid any discussion as to the exact procedure here followed. Such view dispenses with the necessity for adjudging the propriety of the form in which it was cast. Carraway…