Legal Opinion · Dissent

Jaquith v. Beckwith

Mississippi Supreme Court

Decided November 12, 1963No. 42939Published

1DissentRodgers, J.

With deference, I cannot agree with my colleagues, and I feel that I must point out the danger I see in the conclusion reached by the majority in this case. It is obvious to me that we are now moving in the new direction indicated by the United States Supreme Court, *509as outlined in our opinion in the case of Rogers v. State, 240 Miss. 610, 128 So. 2d 547, and away from the ancient, true and hallowed purpose of the habeas corpus writ.

The Habeas Corpus Law was never intended to be a method of appeal from the orders of a court of general jurisdiction to this Court, through another court of equal…

2Cases cited23 opinions

  1. Lipscomb v. StateMississippi Supreme Court · 1898
  2. Rogers v. JonesMississippi Supreme Court · 1961
  3. Carter v. StateMississippi Supreme Court · 1945
  4. Robinson v. StateMississippi Supreme Court · 1955
  5. Shipp v. StateMississippi Supreme Court · 1952

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