Hoggett v. State
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. Patjl B. Johnson, -Judge. Emma Hoggett was convicted of unlawful retailing. The sentence of the court was suspended for a while and at the next term of the court imposed, and she appeals. The facts are stated in the opinion of the court. I most respectfully submit that the judgment of the lower court is illegal and void, and that this cause should be reversed, and the defendant discharged.
Read the full summary
Appeal from the circuit court of Forrest county. Hon. Patjl B. Johnson, -Judge. Emma Hoggett was convicted of unlawful retailing. The sentence of the court was suspended for a while and at the next term of the court imposed, and she appeals. The facts are stated in the opinion of the court. I most respectfully submit that the judgment of the lower court is illegal and void, and that this cause should be reversed, and the defendant discharged. The court has no power to arbitrarily exile a person. It is beyond the scope of his “broad discretion to banish a person to a foreign jurisdiction.” The…
1Opinion of the CourtSmith, J.
Appellant having entered a plea of guilty to an .indictment charging her with the unlawful sale of intoxicating liquor, the court, instead of imposing sentence immediately, ordered that the same be suspended, “provided the defendant leaves and remains away from Forrest county, Miss.” At a later term of the court, on motion of the district attorney, sentence was imposed upon appellant on this plea entered at the former term. From this last judgment this appeal is taken.
Her complaint is that the court was without authority to suspend the imposition of the sentence, and that by having done so it…
2Cases cited2 opinions
- Fuller v. StateMississippi Supreme Court · 1911
- Gibson v. StateMississippi Supreme Court · 1890
3Cited by11 opinions
- Miller v. AderholdSupreme Court of the United States · 1933
- Helton v. StateSupreme Court of Florida · 1958
- State v. MorganSupreme Court of Louisiana · 1980
- Hancock v. RogersSupreme Court of Georgia · 1913
- Boykin v. StateCourt of Criminal Appeals of Oklahoma · 1948
6 more not listed; retrieve them via the Exa API.