Ex parte Caldwell
Mississippi Supreme Court
Appeal from the decision of Hon. J. B. Chrisman, Judge of the Tenth Judicial District, on habeas, corpus. On the 10th of February,. 1884-, Mahala Caldwell was, by a justice of the peace of Lincoln County, convicted of petit larceny and sentenced to imprisonment in the county jail for ten days. She appealed to the June term, 1884, of the circuit court, giving a bond for her appearance and for costs, which was approved by the justice.
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Appeal from the decision of Hon. J. B. Chrisman, Judge of the Tenth Judicial District, on habeas, corpus. On the 10th of February,. 1884-, Mahala Caldwell was, by a justice of the peace of Lincoln County, convicted of petit larceny and sentenced to imprisonment in the county jail for ten days. She appealed to the June term, 1884, of the circuit court, giving a bond for her appearance and for costs, which was approved by the justice. At the January term, 1885,. of the circuit court, the district attorney moved the court “ to dismiss this appeal for the failure of the defendant to prosecute the…
1Opinion of the CourtCampbell, J.
By her appeal to the circuit court from the judgment of the justice of the peace convicting the appellant, the judgment of the justice was superseded, but it was not vacated. It remained in force, liable to be merged in the judgment of the circuit court when rendered in the trial of the case anew by that court on the appeal. It was allowable for the circuit court to treat the failure of the appellant to appear for trial anew as an abandonment of her appeal, and to dismiss the appeal or to enter a forfeiture against her and her sureties. It was no wrong to her to dismiss her appeal upon her…
2Cited by4 opinions
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- Thomas v. StateMississippi Supreme Court · 1890
- Dorsey v. StateCourt of Appeals of Mississippi · 2013
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927