Carter v. State, 49094
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | BROOM; GILLESPIE |
| Citation | 334 So.2d 376 |
| Parties | Clarence CARTER v. STATE of Mississippi. |
| Docket Number | No. 49094,49094 |
| Decision Date | 25 May 1976 |
Page 376
v.
STATE of Mississippi.
Rehearing Denied July 13, 1976.
Barry H. Powell, Luke Dove, Jackson, for appellant.
A. F. Summer, Atty. Gen., by Vera Madel Speakes, Sp. Asst. Atty. Gen., Jackson, for appellee.
Before PATTERSON, ROBERTSON and BROOM, JJ.
BROOM, Justice:
Without youth court certification, a fifteen year old juvenile (appellant Carter), was convicted of armed robbery under Mississippi Code Annotated section 97-3-79 (Supp.1975). Trial was in the Circuit Court of the First Judicial District of Hinds County where appellant pleaded guilty and was sentenced to two years on the county farm. 1 After sentence, appellant moved to vacate the conviction asserting that the circuit court lacked jurisdiction absent a youth court certification order. From the
Page 377
order overruling the motion to vacate the conviction, this appeal is taken. We affirm.Placed squarely before us for interpretation is Mississippi Code § 43-21-31 (1972), giving circuit courts 'exclusive jurisdiction' of juveniles 'charged with any crime . . . punishable by life imprisonment or death.' Appellant argues that the circuit court lacked jurisdiction because the crime charged (armed robbery) is not punishable by 'both life imprisonment and death,' and also because the crime is alternatively punishable by a period of imprisonment of 'less than life.'
We recognize the general rule of construction that statutory exceptions are to be strictly or narrowly construed in favor of the accused. Given a strict construction, the statute which confers exclusive jurisdiction upon circuit courts, § 43-21-31 is of no avail to appellant here because the statute is clearly applicable to offenses punishable by 'life imprisonment or death.' The statute does not say and cannot logically be construed to mean that the punishment must be 'by both life imprisonment and death' (emphasis added), as argued in appellant's brief. It is to be noted that language of the statute does not limit its application to a 'capital offense' as used in Section Twenty-nine of the Mississippi Constitution of 1890. 1A Indeed the statute now under consideration does not at any place contain any phrase such as 'capital case' or 'capital offense.' By clear and unambiguous language, § 43-21-31 simply confers upon circuit courts exclusive jurisdiction if the crime charged is 'punishable by life imprisonment,' or 'death.'
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McGlasten v. State, 2020-KA-00279-SCT
...v. State , 456 So. 2d 743, 745 (Miss. 1984) (emphasis added) (citing State v. Russell , 358 So. 2d 409 (Miss. 1978) ; Carter v. State , 334 So. 2d 376 (Miss. 1976) ; Walton v. State , 219 Miss. 72, 68 So. 2d 87 (1953) ; Terry v. State , 172 Miss. 303, 160 So. 574 (1935) ). This "is bedrock ......
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Illinois Central R. Co. v. Fordice, Civ.A.3:96-CV-486WS.
...language against the state. McLamb v. State, 456 So.2d 743 (Miss.1984); State v. Russell, 358 So.2d 409 (Miss.1978); Carter v. State, 334 So.2d 376 (Miss.1976); Walton v. State, 219 Miss. 72, 68 So.2d 87 (1953). Applying a strict interpretation of the plain language of § 63-11-8, the court ......
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McGlasten v. State, 2020-KA-00279-SCT
...McLamb v. State, 456 So.2d 743, 745 (Miss. 1984) (emphasis added) (citing State v. Russell, 358 So.2d 409 (Miss. 1978); Carter v. State, 334 So.2d 376 (Miss. 1976); Walton v. State, 219 Miss. 72, 68 So.2d 87 (1953); Terry v. State, 172 Miss. 303, 160 So. 574 (1935)). This "is bedrock law in......
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Holly v. State, 93-DP-00263-SCT
...or life imprisonment. Johnson v. State, 512 So.2d 1246, 1250 (Miss.1987); Winters v. State, 473 So.2d 452 (Miss.1985); Carter v. State, 334 So.2d 376 Holly complains that neither the capital murder statute, Miss.Code Ann. § 99-19-101, nor the juvenile transfer statute, Miss.Code Ann. § 43-2......
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McGlasten v. State, 2020-KA-00279-SCT
...v. State , 456 So. 2d 743, 745 (Miss. 1984) (emphasis added) (citing State v. Russell , 358 So. 2d 409 (Miss. 1978) ; Carter v. State , 334 So. 2d 376 (Miss. 1976) ; Walton v. State , 219 Miss. 72, 68 So. 2d 87 (1953) ; Terry v. State , 172 Miss. 303, 160 So. 574 (1935) ). This "is bedrock ......
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Illinois Central R. Co. v. Fordice, Civ.A.3:96-CV-486WS.
...language against the state. McLamb v. State, 456 So.2d 743 (Miss.1984); State v. Russell, 358 So.2d 409 (Miss.1978); Carter v. State, 334 So.2d 376 (Miss.1976); Walton v. State, 219 Miss. 72, 68 So.2d 87 (1953). Applying a strict interpretation of the plain language of § 63-11-8, the court ......
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McGlasten v. State, 2020-KA-00279-SCT
...McLamb v. State, 456 So.2d 743, 745 (Miss. 1984) (emphasis added) (citing State v. Russell, 358 So.2d 409 (Miss. 1978); Carter v. State, 334 So.2d 376 (Miss. 1976); Walton v. State, 219 Miss. 72, 68 So.2d 87 (1953); Terry v. State, 172 Miss. 303, 160 So. 574 (1935)). This "is bedrock law in......
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Holly v. State, 93-DP-00263-SCT
...or life imprisonment. Johnson v. State, 512 So.2d 1246, 1250 (Miss.1987); Winters v. State, 473 So.2d 452 (Miss.1985); Carter v. State, 334 So.2d 376 Holly complains that neither the capital murder statute, Miss.Code Ann. § 99-19-101, nor the juvenile transfer statute, Miss.Code Ann. § 43-2......