State v. Willingham
Mississippi Supreme Court
Prom the circuit court of Webster county. Hon. J. M. Arnolu, Special Judge. John Willingham, Preston Willingham, and John Norwood, the appellees, were indicted and tried on an indictment charging them with having unlawfully, knowingly, and willfully opposed and resisted an officer attempting to serve or execute a legal writ, contrary to Code 1892, § 1221. When the state concluded its testimony, on motion of defendants the court excluded all of it as being insufficient to…
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Prom the circuit court of Webster county. Hon. J. M. Arnolu, Special Judge. John Willingham, Preston Willingham, and John Norwood, the appellees, were indicted and tried on an indictment charging them with having unlawfully, knowingly, and willfully opposed and resisted an officer attempting to serve or execute a legal writ, contrary to Code 1892, § 1221. When the state concluded its testimony, on motion of defendants the court excluded all of it as being insufficient to sustain a conviction, and defendants were discharged. Prom this finding and judgment the state appealed to the supreme…
1Opinion of the CourtTeiily, J.
At the conclusion of the testimony on behalf of the state the court sustained a motion to exclude. Prom that ruling discharging the defendant the state prosecutes this appeal. No question of law is presented by this record, but a decision of the court merely passing upon the sufficiency of the proof to sustain a conviction. In such state of case there is no warrant of law for the taking of an appeal by the state, wherefore this appeal is
Dismissed.
2Cited by16 opinions
- State v. BrooksMississippi Supreme Court · 1912
- City of Gulfport v. StratakosMississippi Supreme Court · 1907
- City of Jackson v. HarlandMississippi Supreme Court · 1916
- State v. InsleyMississippi Supreme Court · 1992
- State v. PeckMontana Supreme Court · 1928
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