Dobbs v. State
| Citation | 200 Miss. 595,27 So.2d 551 |
| Decision Date | 14 October 1946 |
| Docket Number | 36195. |
| Court | United States State Supreme Court of Mississippi |
| Parties | DOBBS v. STATE. |
Dave E. Crawley and J. D. Guyton, both of Kosciusko, and Joe H. Daniels and Jackson & Young, all of Jackson, for appellant.
Milton H. Mitchell, of Jackson, for appellee.
Appellant was convicted of murder and death sentence was imposed. He files motion for certiorari suggesting diminution of the record. No motion for new trial was made before adjournment of the term. Later, such motion was presented, but is not part of the record on appeal.
The motion for certiorari prays that this Court order the motion for new trial sent up and incorporated into the appeal record. Regardless of the serious points urged as a basis for the motion, we are without authority to consider same under this procedure. It is not shown that the trial judge acted thereon, and it is not therefore proper subject for an assignment of error. However, the motion was filed too late for consideration by either the trial judge or this Court.
The motion must be denied, but without prejudice to rights, if any, appellant may have to proceed otherwise. Pittman v. State, 147 Miss. 593, 113 So. 348.
Overruled.
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Read v. State
...years, apparently without anyone suggesting that the point had to be procedurally preserved in the trial court. See Dobbs v. State, 200 Miss. 595, 606, 27 So.2d 551 (1946); Brooks v. State, 209 Miss. 150, 46 So.2d 94 (1950); Sims v. State, 209 Miss. 545, 549, 47 So.2d 849 (1950); Stewart v.......
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Shinall v. State, 44352
...(Miss.1945), this Court said that a similar instruction had been approved since Wesley v. State, 37 Miss. 327 (1859). See: Dobbs v. State, 200 Miss. 595, 27 So.2d 551, 29 So.2d 84 (1947); Bailey v. State, 174 Miss. 453, 165 So. 122 (1936); Johnson v. State, 140 Miss. 889, 105 So. 742 (1925)......
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Shields v. State, 42239
...the decision by this Court of the Bailey case, supra, this instruction has also been approved and followed in the cases of Dobbs v. State, 200 Miss. 595, 27 So.2d 551, 29 So.2d 84, and Holmes v. State, 199 Miss. 137, 24 So.2d We find no reversible errors in the record of the trial of this c......
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McGraw v. State
...of the Uniform Criminal Rules of Circuit Court Practice. Christian v. State, 456 So.2d 729, 734-735 (Miss.1984); Dobbs v. State, 200 Miss. 595, 27 So.2d 551 (1946); Pittman v. State, 147 Miss. 593, 113 So. 348 (1927); Rule 5.16, Uniform Criminal Rules of Circuit Court Practice ("A motion fo......