State v. Gordon
Mississippi Supreme Court
Appeal from the circuit court of Lee county. Host. Claude Clayton, Judge. From an order admitting relator, W. A. Gordon, to bail in a babeas corpus proceeding, the state and sheriff appeals. The facts are fully tsated in the opinion of the court.
Read the full summary
Appeal from the circuit court of Lee county. Host. Claude Clayton, Judge. From an order admitting relator, W. A. Gordon, to bail in a babeas corpus proceeding, the state and sheriff appeals. The facts are fully tsated in the opinion of the court. Has either the state, or the sheriff and jailor, or both the right to prosecute an appeal in this easel? The circuit judge who tried the habeas corpus in this case denied an appeal to the state on the authority of the cases of the State v. Keys, 93 Miss. 115; State v. Shrader, 72 Miss. 541. In the Key case both the state and the defendant were ready…
1Opinion of the CourtSmith, C. J.
OH MOTION TO DISMISS.
This is an appeal by the state from a judgment in a habeas corpus proceeding, admitting appellee to bail; he being in custody under an indictment charging him with murder. The sheriff, in whose custody appellee was, joined in the appeal.
Appellee has filed a motion requesting that this appeal be dismissed on the ground that such an appeal will not lie on the part of either of the appellants. The contention of counsel for appellee is that this is a criminal and not a civil case, and that it does not come within any of the provisions of section 40 of the Code of 1906, under…
2Cases cited8 opinions
- Kurtz v. MoffittSupreme Court of the United States · 1885
- Ex Parte Tom TongSupreme Court of the United States · 1883
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Cross v. BurkeSupreme Court of the United States · 1892
- In re JewettSupreme Court of Kansas · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goldsby v. StateMississippi Supreme Court · 1960
- Jaquith v. BeckwithMississippi Supreme Court · 1963
- Edmonson v. RamseyMississippi Supreme Court · 1920
- In Re BladesIdaho Supreme Court · 1939
- Baird v. NagelIndiana Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.