State v. Brooks
Mississippi Supreme Court
Appeal from the circuit court of Holmes county. Hon. Monroe McClurg, Judge. Stanley Brooks was acquitted on a trial for crime and the state appeals. The facts are fully stated in the opinion of the court. No brief of counsel on either side found in the record.
1Opinion of the Court
Cook, J.,
delivered the opinion of the court..
This is an appeal by the state from the action of the circuit court in instructing the jury to find the defendant not guilty.
*662When the state closed its evidence, the court excluded the testimony, upon the motion of defendant, and directed the jury to acquit the defendant. “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.” This is the language of Judge Truly,…
2Cases cited2 opinions
- Gann v. Great Southern Lumber Co.Supreme Court of Louisiana · 1912
- State v. WillinghamMississippi Supreme Court · 1905
3Cited by14 opinions
- City of Jackson v. HarlandMississippi Supreme Court · 1916
- State v. InsleyMississippi Supreme Court · 1992
- City of Pascagoula v. CunninghamMississippi Supreme Court · 1926
- City of Pascagoula v. DelmasMississippi Supreme Court · 1930
- State v. AdamsMississippi Supreme Court · 1920
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