Polk v. State
Mississippi Supreme Court
Appeal from the circuit court of Laiñar county. How. A. E. Weathersby, Judge. Mrs. George Polk was convicted of the unlawful sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. It was never the intention of courts of justice to take advantage of technicalities to maintain a conviction, or to try dead people, or invalids, groping under wreaking pain, over which they have no control.
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Appeal from the circuit court of Laiñar county. How. A. E. Weathersby, Judge. Mrs. George Polk was convicted of the unlawful sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. It was never the intention of courts of justice to take advantage of technicalities to maintain a conviction, or to try dead people, or invalids, groping under wreaking pain, over which they have no control. The evidence in the record before this court shows that the appellant was suffering from rheumatism, and otherwise afflicted, in ward No. 45 of the Charity Hospital of…
1Opinion of the CourtReed, J.
Appellant was convicted on the charge of unlawful sale of intoxicating liquors. She was not present at the trial of her case on February 2, 1913. She was at the time under bond. Her attorney was also absent. He testified that he thought he was to be notified when the case was called for trial. No defense was interposed.
A motion was made for a new trial. It was assigned as a cause that appellant was an invalid under treatment in a hospital in the city of New Orleans, and physically unable to attend the term of the court then being held. Upon the hearing of the motion there was presented a…
2Cited by1 opinion
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