Simpson v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. The plaintiff in error was convicted of murder. He made a motion for a new trial, which,was overruled. A supplemental statement of the case will be found in the opinion of the court. The absence of the prisoner, in custody of the sheriff, while his motion for a new trial was being heard and determined, must cause a reversal. Cooley’s Const. Lim. 185 ; 13 Gratt. 763 ; Bishop’s Cr.
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ERROR to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. The plaintiff in error was convicted of murder. He made a motion for a new trial, which,was overruled. A supplemental statement of the case will be found in the opinion of the court. The absence of the prisoner, in custody of the sheriff, while his motion for a new trial was being heard and determined, must cause a reversal. Cooley’s Const. Lim. 185 ; 13 Gratt. 763 ; Bishop’s Cr. Proc. 925 ; Btubbe v. The State, 49 Miss. 716. 1. The record shows that the prisoner, when his motion was overruled, “ then and there ”…
1Opinion of the CourtChalmers, J.
The record fails to show the presence of the prisoner when the motion for a new trial was heard and determined. It has *299been held by this court that his presence must affirmatively appear at the disposition of such motions, though the rule in other States is conflicting. Roll’s Case, 52 Miss. 391.
The law in this respect is now changed by the act of February 12, 1878 (Sess. Acts, 200), but this trial was had before that law took effect, and we will not give it retroactive operation, though it is by no means clear that, as prescribing simply a rule of action in this court, it should not be…
2Cases cited3 opinions
- Rolls v. StateMississippi Supreme Court · 1876
- Stokes v. ShannonMississippi Supreme Court · 1878
- Mayor of Vicksburg v. HennesseyMississippi Supreme Court · 1876
3Cited by2 opinions
- Bond v. CommonwealthSupreme Court of Virginia · 1887
- Williams v. StateSupreme Court of Florida · 1900