Cannon v. State
Decision Date | 23 May 1924 |
Docket Number | 24254 |
Citation | 100 So. 8,134 Miss. 805 |
Court | Mississippi Supreme Court |
Parties | CANNON v. STATE. [*] |
APPEAL from circuit court of Itawamba county, HON. C. P. LONG Judge.
Vardie Cannon was convicted before a justice of the peace of misdemeanors and appealed to the circuit court. From judgments dismissing appeals and ordering procedendo, he appeals. Reversed and remanded.
Reversed and remanded.
Mitchell & Clayton, for appellant.
E. C Sharp, Assistant Attorney.-General, for the state.
Appellant, Vardie Cannon, was tried and convicted before a justice of the peace of Itawamba county of several misdemeanors for which he was fined and sentenced to imprisonment. From these judgments he appealed to the circuit court of tat county, which court dismissed said appeals and ordered procedendo in each of said cases, from which judgments appellant prosecutes this appeal.
The proceedings in all of these cases are embodied in one record, and in view of the fact that the propriety of the action of the circuit court in dismissing said appeals depends in each case upon exactly the same state of facts, all the appeals will be disposed of in one opinion.
The only question is whether or not the circuit court erred in dismissing aid appeals. Th assistant attorney-general in his brief states the facts as strongly for the state as the record will justify. His statement is as follows:
For reversal appellant relies on Morris v....
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Mcgowan v. State
... ... was consenting through his attorneys and where the defendant ... waives a matter, it cannot be said that the court would abuse ... any power of discretion in acquiescing in the waiver ... Ford ... v. State, 155 So. 220; Cannon v. Stake, 134 Miss. 805, ... 100 So. 8 ... It is ... the policy of our court to give a defendant a trial on the ... merits. We most respectfully submit that the temporary ... absence of accused in no way delayed the court in the trial ... of cases. Section 24 of the Constitution ... ...
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Kennard v. State
...v. State, 94 Miss. 230, 48 So. 726; Develling v. State, 97 Miss. 11, 52 So. 484; Judon v. State, 131 Miss. 560, 95 So. 521; Cannon v. State, 134 Miss. 805, 100 So. 8; McGowan v. State, 181 Miss. 42, 178 So. The authorities are clear that this Court will not disturb the discretionary action ......