Legal Opinion · Dissent

Barrett v. State

Mississippi Supreme Court

Decided December 21, 1995No. 95-M-01240-SCTPublished

1DissentBanks, Justice

In my view, the operative event for removal of a public official from office under the provisions of Miss.Code Ann. § 25-5-1 (1972) is conviction. As will be shown below, that event does not ordinarily occur until sentence is imposed under the settled law of this state and that of the vast majority of our sister states. Certainly, in my view, the least that is required is a formal affirmation of a verdict by ruling adversely on post-trial motions asking the trial court not to accept the verdict. It is based on these views that I joined in the order issued staying the judgment of the Warren…

2Cases cited18 opinions

  1. Helena Rubenstein Internat. v. YoungerCalifornia Court of Appeal · 1977
  2. Vasquez v. CourtneyOregon Supreme Court · 1975
  3. Gerrard v. StateMississippi Supreme Court · 1993
  4. Smith v. CommonwealthSupreme Court of Virginia · 1922
  5. Bailey v. Georgia Cotton Goods Co.Mississippi Supreme Court · 1989

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