Ingram v. State

The appellant was convicted upon a charge of petty larceny in a justice court, from which she appealed to the circuit court, and the appeal was dismissed, with a writ of procedendo, as appears on the minutes of the court. The record does not show that the appellant was *293called ill the circuit court and given an opportunity to defend against the charge before dismissal of the appeal.

It is contended that the lower court erred in dismissing the appeal, with a writ of procedendo to the justice court, without first having called the defendant, so that she might have opportunity to prosecute her…