Sanders v. State

SMITH, Justice:

Johnny C. Sanders was convicted in the Justice of the Peace Court of the offense of possessing untaxed whiskey and appealed to the Circuit Court of Lee County. When his case was called in that court, with others, on the first day of the May, 1971 term, Sanders was not present; thereupon, his appeal, and the appeals of other appellants who had failed to answer, were dismissed by the circuit court and writs of procedendo were issued. In due course, the May 1971 term was concluded and adjourned. The next regular term of the circuit court convened and was held in August, 1971. It…