Dyess v. State

• Decision Date: 09 December 1940
• Docket Number: 34145.
• Citation: 199 So. 74
• Court: Mississippi Supreme Court
• Parties: DYESS v. STATE.

199 So. 74

DYESS v. STATE.

No. 34145.

Supreme Court of Mississippi, In Banc.

December 9, 1940

Appeal from Circuit Court, Jasper County; Edgar M. Lane, Judge.

" Not to be reported in State Reports."

Richmond Preacher Dyess was convicted of an offense, and he appeals.

Reversed and remanded.

J. A. McFarland, of Bay Springs, for appellant.

Greek L. Rice, Atty. Gen., and W. D. Conn, Jr., Asst. Atty. Gen., for appellee.

SMITH, Chief Justice.

The evidence fails to disclose that the appellant drove his automobile on the occasion in question with such reckless indifference to the rights and safety of others as to be tantamount to wilfulness or maliciousness. The motion for a new trial should have been sustained. No request was made in the court below for a directed verdict of not guilty, consequently, final judgment cannot be rendered here.

Reversed and remanded.