State v. Adams
Mississippi Supreme Court
Appeal from circuit court of Chickasaw county. Hon. Or L. Ciium, Judge. N. D. Adams was charged with having intoxicating liquor - in his possession unlawfully. From a directed verdict of acquittal, the state appeals.
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Appeal from circuit court of Chickasaw county. Hon. Or L. Ciium, Judge. N. D. Adams was charged with having intoxicating liquor - in his possession unlawfully. From a directed verdict of acquittal, the state appeals. The appeal is taken by virtue of paragraph 2, section 16, Hemingway’s Code (section 10, Code of 1906). There seems to be some, confusion in the decisions of the court relative to the right of the state to appeal in a criminal case where the defendant is acquitted in the circuit court. Whether or not this court will affirm this case, therefore, depends upon Avliether or not the…
1Opinion of the CourtSmith, C. J.
The appellee was charged with having intoxicating liquor in his possession unlaAvfully. The court below, being of the opinion that the evidence was insufficient to sustain the charge against the appellant, instructed the jury to find him not guilty, and there Avas a verdict and judgment accordingly. The state appeals.
The cause presents no question of laAV for determination under section 40;, Code of 1906 (Hemingway’s Code, section 16), and, as the attorney-general frankly admits, is controlled by State v. Willingham,, 86 Miss. 203., 38 So. 334; State, v. Brooks, 102 Miss. 661, 59 So. 860;…
2Cases cited4 opinions
- State v. WillinghamMississippi Supreme Court · 1905
- State v. BrooksMississippi Supreme Court · 1912
- City of Jackson v. HarlandMississippi Supreme Court · 1916
- State v. MooreMississippi Supreme Court · 1912
3Cited by6 opinions
- Common Cause of Mississippi v. SmithMississippi Supreme Court · 1989
- State v. InsleyMississippi Supreme Court · 1992
- City of Pascagoula v. DelmasMississippi Supreme Court · 1930
- State v. AshleyMississippi Supreme Court · 1943
- State v. JacksonMississippi Supreme Court · 1953
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