Bang v. State
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. HoN. T. H. Barrett, Judge. Pier Bank was convicted of selling intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. We think that the appellant has a right to dismiss his appeal any time before a verdict by the jury or before the jury retired. 2 Ency.
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Appeal from the circuit court of Harrison county. HoN. T. H. Barrett, Judge. Pier Bank was convicted of selling intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. We think that the appellant has a right to dismiss his appeal any time before a verdict by the jury or before the jury retired. 2 Ency. Pleading and Practice, p. 51, lays down the following rule, and we think it decisive of our contention: “It is the general rule that the appellant may have his own appeal dismissed at any time while the cause remains within the jurisdiction of the appellate…
1Opinion of the CourtReed, J.
Appellant was convicted in a justice of the peace court for the offense of unlawfully selling intoxicating liquors, and-fined one hundred and fifty dollars. He appealed to the circuit court, and was there convicted and sentenced to pay a fine of five hundred dollars and tó be imprisoned for a term of three months in the county jail.
On the trial in the circuit court, when the state had introduced all of its testimony and rested, appellant moved the court for permission to dismiss his appeal. The motion was overruled. This action of the court is assigned as error. By statute (section 87 of Code…
2Cases cited1 opinion
- Bingham v. WaterhouseTexas Supreme Court · 1870
3Cited by9 opinions
- Parham v. StateMississippi Supreme Court · 1969
- Thigpen v. StateMississippi Supreme Court · 1949
- State v. CollinsSupreme Court of Kansas · 1965
- Peeples v. StateMississippi Supreme Court · 1953
- Nelson v. StateMississippi Supreme Court · 2011
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