State v. Martin
Mississippi Supreme Court
Appeal from the circuit court of Simpson county. Hon. W. A. Henry, Judge. Edgar Martin was convicted of petty larceny and appeals. The" appellee was tried and convicted of petty larceny in the court of a justice of the peace in district No. 3, in Simpson county, and appealed to the circuit court, where the case was tried de novo.
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Appeal from the circuit court of Simpson county. Hon. W. A. Henry, Judge. Edgar Martin was convicted of petty larceny and appeals. The" appellee was tried and convicted of petty larceny in the court of a justice of the peace in district No. 3, in Simpson county, and appealed to the circuit court, where the case was tried de novo. On the trial of the case in the circuit court, the state proved that the crime was committed in Simpson county, Mississippi, but did not prove that it was committed in district No. 3. The state then rested its case. Defendant introduced witnesses in his behalf and…
1Opinion of the Court
Whitfield, C.
It was manifest error on the part of the court below not to allow the state to reopen the case and prove the venue.
2Per curiam
The above opinion is adopted as the opinion of the court, and the action of the court below is hereby declared erroneous.
Case reopened.
3Cited by6 opinions
- State v. BrownIdaho Supreme Court · 1922
- Richardson v. StateMississippi Supreme Court · 1929
- Rogers v. StateMississippi Supreme Court · 1955
- Pueblo v. Corte de Distrito de AreciboSupreme Court of Puerto Rico · 1930
- Ridgeway v. StateMississippi Supreme Court · 1963
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