Collins v. State
| Decision Date | 11 March 1935 |
| Docket Number | 31595 |
| Citation | 173 Miss. 179,159 So. 865 |
| Court | Mississippi Supreme Court |
| Parties | COLLINS v. STATE |
1. CRIMINAL LAW.
Supreme Court is court of appeals and has no original jurisdiction, but can only try questions tried and passed on by court from which appeal is taken.
2. CRIMINAL LAW.
Remedy, if any, of appellant, moving in Supreme Court to vacate judgment appealed from as not entered on trial court's minutes until after adjournment, is in trial court.
HON. JNO. F. ALLEN, Judge.
APPEAL from circuit court of Winston county HON. JNO. F. ALLEN, Judge.
J. C. Collins was convicted of unlawfully possessing intoxicating liquor, and he appeals. On appellant's motion to vacate the judgment appealed from. Motion overruled.
Motion overruled.
F. L. Reich and Jas. L. Davis, both of Louisville, for the motion.
Briefs of counsel not found.
Appellant was convicted at the July, 1934, term of the circuit court of Winston county of the crime of unlawfully possessing intoxicating liquor, and sentenced to serve sixty days in jail and pay a fine of fifty dollars and costs. From that judgment, he prosecutes this appeal.
Appellant makes a motion in this court to vacate the judgment on the ground that it was not entered on the minutes of the circuit court until after the court had adjourned. The motion is supported by an affidavit of the circuit clerk, stating that to be true. The judgment appearing in the appeal record is regular in all respects; it shows that it was entered at the term of the circuit court during which it was rendered. The motion, therefore, is an attack on the truth of that recital of fact in the record.
The Supreme Court is a court of appeals, it has no original jurisdiction; it can only try questions that have been tried and passed upon by the court from which the appeal is taken. Whatever remedy appellant has is in the trial court, not in this court. This court can only pass on the question after the trial court has done so.
Motion overruled.
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Williams v. State
...be raised in this Court for first time on appeal). In Leverett v. State, 197 So.2d 889, 890 (Miss.1967) (quoting Collins v. State, 173 Miss. 179, 180, 159 So. 865, 865 (1935)), the Court held the The Supreme Court is a court of appeals, it has no original jurisdiction; it can only try quest......
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Cole v. State
...v. State, 386 So.2d 200 (Miss.1980). In Leverett v. State, 197 So.2d 889, 890 (Miss.1967), this Court, quoting from Collins v. State, 173 Miss. 179, 180, 159 So. 865 (1935), stated the The Supreme Court is a court of appeals, it has no original jurisdiction; it can only try questions that h......
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Pascagoula Sch. Dist. v. Tucker
...the subject matter must have been acted upon by the tribunal whose judgment or proceedings are to be reviewed.”); Collins v. State, 173 Miss. 179, 159 So. 865, 865 (1935); Estes v. Memphis & C. Ry. Co., 152 Miss. 814, 119 So. 199, 202 (1928); Black's Law Dictionary 405 (9th ed. 2009) (an ap......
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Pascagoula Sch. Dist. v. Tucker
...the subject matter must have been acted upon by the tribunal whose judgment or proceedings are to be reviewed."); Collins v. State, 173 Miss. 179, 159 So. 865, 865 (1935); Estes v. Memphis & C. Ry. Co., 152 Miss. 814, 119 So. 199, 202 (1928); Black's Law Dictionary 405 (9th ed. 2009) (an ap......