State v. Necaise

This case is before us on appeal by the State of Mississippi, under authority of Section 1153, Code of 1942, from a judgment of the Circuit Court of Forrest County acquitting the defendant, Amos Necaise, on a charge of the unlawful possession of a whiskey still.

Necaise was indicted, along with George Tisdale, at the January 1955 term of the court and was tried and convicted and sentenced to serve a term of two years in the state penitentiary. A motion for a new trial was filed and taken under advisement, and at the April 1955 term of the court an order was entered granting the defendant a new…