Freeman v. State, 39150
| Decision Date | 26 April 1954 |
| Docket Number | No. 39150,39150 |
| Citation | 72 So.2d 139,220 Miss. 777 |
| Parties | FREEMAN v. STATE. |
| Court | Mississippi Supreme Court |
W. Arlington Jones, Hattiesburg, for appellant.
J. P. Coleman, Atty. Gen., by Joe T. Patterson, Asst. Atty. Gen., for appellee.
At the November 1949 term of the Circuit Court of Forrest County, P. D. Freeman was indicted for the unlawful sale of intoxicating liquor. The cause was transferred to the county court. On January 9, 1950, at the regular January 1950 term of that court, on arraignment, he pleaded guilty, and the court imposed a sentence of $250 and costs and 60 days to be served on the county roads, but suspended the days during his good behavior.
The county attorney of Forrest County, on June 5, 1952, filed a petition in the county court to revoke the previous suspension of sentence on two grounds, namely, (1) that the suspension was void and Freeman had not served the days, and (2) at any rate he had violated the terms thereof by unlawfully selling intoxicating liquor in the county on May 1, 1952.
Freeman answered the petition and denied all of the allegations thereof.
On the hearing, the state introduced proof of the sale of liquor on May 1, 1952.
At the conclusion of the evidence, the county judge, by his order of June 23, 1952, found that the original judgment of sentence was valid; that Freeman had not served the 60 days; that the suspension of the days was invalid as the county judge had no authority therefor at the time; and further found that Freeman nevertheless violated that condition of the suspension by selling whiskey on May 1, 1952. He therefore cancelled, revoked and held the suspension for naught, and remanded the defendant to the county jail for the execution of the balance of his sentence, namely, 60 days on the county roads. In addition he required that the defendant enter into a bond in the sum of $1,000 to keep the peace and to be of good behavior, as provided for by Section 2596, Code of 1942.
On June 30, 1952, Freeman filed a motion for a new trial and stay of execution; and, on the same date, the court entered an order overruling this motion. On appeal, the circuit court affirmed the judgment of the county court, and Freeman appealed.
Appellant argues that the judgment of June 23, 1952, is void because it does not appear to have been filed until June 30, 1952. He cites no authorities to sustain this contention. There was an extended hearing, and the judge made his finding on the 23rd. The motion for a new trial, the order overruling the same, and the final judgment all bear the same filing date. Obviously this contention is without merit.
On the date of the judgment of sentence and attempted suspension of the days, the county judge not only did not have authority to suspend the sentence, but it was unlawful for him to do so. Section 2659, Code 1942. It was not until the enactment of Chapters 347 and 348, Laws of 1950, approved February 24, 1950, Code 1942, Secs. 2541, 2659, that county courts were authorized to suspend sentences in misdemeanor cases.
In Fuller v. State, 100 Miss. 811, 57 So. 806, 808, 39 L.R.A.,N.S., 242, decided in 1911, the defendant had been convicted of the unlawful sale of intoxicating liquor and was sentenced to pay a fine and serve a term in...
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...v. Blanchard, 156 Me. 30, 46-51, 159 A.2d 304 (1960); State v. Meyer,228 Minn. 286, 293-294, 37 N.W.2d 3 (1949); Freeman v. State, 220 Miss. 777, 782, 72 So.2d 139 (1954); State ex rel. Browning v. Kelly, 309 Mo. 465, 470, 274 S.W. 731 (1925); State v. Owen, 80 N.H. 426, 427, 117 A. 814 (19......
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Langston v. State, s. 46309-46311
...because the court had no authority to suspend sentence. If this be true, still the judgment of conviction is not void. Freeman v. State, 220 Miss. 777, 72 So.2d 139 (1954); Crump v. Trapp, 210 Miss. 905, 36 So.2d 459 (1948); Steadman v. State, 204 Miss. 322, 37 So.2d 357 (1948); Fuller v. S......
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