State v. Key
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Key and another, appellees, were indicted for murder and upon the continuance of their case the circuit court granted them bail; the district attorney manifested no displeasure at the grant, but the attorney general prosecuted an appeal in behalf of the state, from an order of the circuit court, admitting appellees to bail.
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From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Key and another, appellees, were indicted for murder and upon the continuance of their case the circuit court granted them bail; the district attorney manifested no displeasure at the grant, but the attorney general prosecuted an appeal in behalf of the state, from an order of the circuit court, admitting appellees to bail. Appellees were under indictment for murder, and had, previously to the finding of the indictment, sued out a writ of habeas corpus before the chancellor, and been denied bail. After the indictment…
1Opinion of the CourtWhiteield, C. J.
The state is not allowed to appeal in a criminal case, except in the specific instances named ih Code 1906, § 40. This appeal is prosecuted from the judgment of the circuit court in allowing these parties, indicted for murder, bail in the sum of $10,000 each on the continuance of the case until next term. Manifestly an appeal from this sort of judgment is not embraced within the terms of said section 40. The point made that the attorney general could not take this appeal if it had been by law allowed, is untenable. Under common-law authority it was perfectly proper for him to have prosecuted…
2Cases cited1 opinion
- Hill v. StateMississippi Supreme Court · 1886
3Cited by12 opinions
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- Kennington-Saenger Theatres, Inc. v. State Ex Rel. Dist. Atty.Mississippi Supreme Court · 1944
- State Ex Rel. Patterson v. WarrenMississippi Supreme Court · 1965
- State v. GordonMississippi Supreme Court · 1913
- Parker v. TullosMississippi Supreme Court · 1928
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