Gilmer v. State
| Decision Date | 09 June 1930 |
| Docket Number | 28781 |
| Court | Mississippi Supreme Court |
| Parties | GILMER v. STATE |
CRIMINAL LAW.
Where prosecution originated in justice court, record should show judgment imposing sentence which is required to confer jurisdiction on circuit court on appeal (Hemingway's Code 1927, sections 69, 71).
APPEAL from circuit court of Leake county HON. D. M. ANDERSON Judge.
Prosecution by the State against Harvey Gilmer for possessing liquor. Defendant appeals. Reversed and remanded.
Reversed and remanded.
W. T. Weir, of Walnut Grove, for appellant.
The court erred in admitting in evidence the alleged transcript of the record of proceedings of Otho Golden, justice of the peace for the reasons that the said transcript of record does now show any judgment rendered by the said justice of peace court.
Sections 64, 65, 66, 69, and 71, Hemingway's Code 1927; Hughston v. Cornish, 59 Miss. 372; Garner v. New Orleans & C. R. R. Co., 78 Miss. 640, 29 So. 469; Dorsey v. State, 141 Miss. 600, 106 So. 827; Salers v. State, 107 So. 375; McPhail v. Blann, 47 So. 666; 43 So. 70; Underwood Typewriter Co. v. Taylor, 94 Miss. 584, 48 So. 15.
George T. Mitchell, Attorney-General and W. A. Shipman, Assistant Attorney-General, for the state.
The only purpose for requiring the papers, original or otherwise, certified and sent up by the justice of the peace is to clothe the appellate court with jurisdiction of the person and of the subject-matter. The jurisdiction is positively shown by the record; the trial was de novo and, therefore, the failure of the justice of the peace to incorporate in his transcript his judgment in the premises could not and did not work any hardship or prejudice to the rights of the appellant.
Holley v. State, 74 Miss. 878, 21 So. 923; Paine v. State, 101 Miss. 588, 58 So. 532; Bang v. State, 106 Miss. 824, 64 So. 734; Section 87 of the Code of 1906; Crum v. Brock, 136 Miss. 858, 101 So. 704; Section 778, Hemingway's 1927 Code; Section 1022 of the Code of 1906.
According to the transcript of the record, the appellant was tried in a justice of the peace court for the fifth district of Leake county on a charge of unlawfully having in his possession intoxicating liquor. He was tried before a jury, and the verdict is recited in the judgment sent up to the circuit court, and from thence to this court. There is no judgment imposing any sentence by the court on the defendant for the crime of which he was convicted by the jury, and, although an appeal bond was filed, no judgment was ever entered by the justice of the peace on the verdict rendered finding the defendant guilty as charged in the affidavit.
The prosecution having originated in a justice of the peace court, it is essential that such court dispose of the case before an appeal to the circuit court is filed, and, in such case, the record should show a judgment imposing sentence which is required to confer jurisdiction on the circuit court by sections 87 and 89, Code 1906, and sections 69 and 71, Hemingway's Code 1927. See Hughston v. Cornish, 59 Miss. 372; Ball v. Sledge, 82 Miss. 747, 35 So. 214; Calhoun v. State, 86 Miss. 553, 38 So. 660.
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City of Pascagoula v. Delmas
... ... Code ... 1906, section 40, Hemingway's Code 1927, section 15, ... provides, among other things, that the state or municipality ... may appeal from a judgment acquitting defendant, where a ... question of law has been decided adversely to state or ... ...
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Town of Nettleton v. McCollum, 39701
...upon trial and conviction. The circuit court had no jurisdiction, and properly remanded the case to the mayor's court. Gilmer v. State, 157 Miss. 622, 128 So. 773; Young v. State, 140 Miss. 165, 105 So. 461; Ball v. Sledge, 82 Miss. 747, 35 So. 214; Burrow v. State, 143 Miss. 221, 108 So. 5......