Thomas v. State
Mississippi Supreme Court
From the circuit court of Tunica county. HoN. E. W. Williamson, Judge. The opinion states the case. It was error to sustain the motion of the district attorney. Sec. 2355, code 1880, gave the remedy. It seems the court followed a rule of its own in this matter. An adequate remedy was also furnished by § 3075 of the code.
1Opinion of the CourtCooper, J.
The appellant was convicted before a justice of the peace of assault and battery, and aj>pealed to the circuit court. The record discloses that he failed to appear in said court, whereupon, on the motion of the district, attorney, the court affirmed the judgment of the justice of the peace.
*92The appellant having failed to appear for trial in the circuit court, it was competent for that court to have pursued either of three courses : (1) To have proceeded with the trial in the absence of the defendant, Code, § 3075. (2) To have dismissed the appeal and directed a procedendo to the justice of the…
2Cases cited1 opinion
- Ex parte CaldwellMississippi Supreme Court · 1885
3Cited by1 opinion
- Morris v. City of TupeloMississippi Supreme Court · 1922