Niblett v. State
Mississippi Supreme Court
FROM the circuit court of Tunica county. Hon. F. A. Montgomery, Judge. The opinion states the case. Section 86, code 1892, provides that anyone convicted may appeal from the judgment of a justice of the peace, and that the case shall, in the circuit court, be tried de novo.
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FROM the circuit court of Tunica county. Hon. F. A. Montgomery, Judge. The opinion states the case. Section 86, code 1892, provides that anyone convicted may appeal from the judgment of a justice of the peace, and that the case shall, in the circuit court, be tried de novo. It also directs that ‘ ‘ the case shall be tried anew and disposed of as other cases pending in said court ” (the circuit court). The case is therefore tried as if there had never been a previous trial, the statute making no distinction between one convicted on a plea of not guilty and one convicted on a plea of guilty.…
1Opinion of the CourtStockdale, J.
This ease commenced in the court of a justice of the peace, where appellant was sentenced to thirty days’ imprisonment, and to pay ten dollars fine, for carrying a weapon concealed, from which judgment lie appealed. In the circuit court, the counsel for the state moved to dismiss the appeal and for a writ of procedendo to the justice’s court, because the record disclosed the fact that the defendant had pleaded guilty to the charge in the justice’s court. The motion was sustained, and a writ of procedendo ordered, and defendant appealed here. The circuit court recites in its judgment that the…
2Cases cited1 opinion
- James v. WoodsMississippi Supreme Court · 1888
3Cited by6 opinions
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- Little v. WilsonMississippi Supreme Court · 1940
- Justin Crockett v. State of MississippiMississippi Supreme Court · 2017
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