Jackson v. Waller, No. 42698
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | RODGERS |
| Citation | 248 Miss. 166,156 So.2d 594 |
| Parties | Daniel JACKSON v. Bob WALLER, Sheriff of Forrest County. |
| Docket Number | No. 42698 |
| Decision Date | 07 October 1963 |
Page 594
v.
Bob WALLER, Sheriff of Forrest County.
Page 595
[248 Miss. 167] William V. Murry, Hattiesburg, for appellant.
Joe. T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty., Gen., Jackson, for appellee.
RODGERS, Justice.
This action was brought in the Circuit Court of Forrest County, Mississippi, against the sheriff to obtain [248 Miss. 168] the release of petitioner, prisoner, by habeas corpus proceedings.
The petitioner alleges that he pleaded guilty to a charge of unlawful possession of intoxicating liquors on June 26, 1957, in the county court, and that he sas fined and sentenced to serve ninety days at labor on the county road; that upon payment of the fine, the ninety-day sentence was suspended by the county judge, pending the good behaviour of defendant, petitioner.
At the August 1962 term of the Forrest County Court, more than five years after his original sentence, petitioner again pleaded guilty to a charge of selling intoxicating liquors, and was sentenced to pay a fine and serve thirty days in jail. The fine was paid and the thirty-day sentence was served.
On the last day of the service of the sentence, the county attorney filed a petition in the county court, asking that the former sentence (June 26, 1957) be invoked so as to require the defendant to serve the ninety-day sentence previously suspended. The county judge entered an order, upon a hearing duly had upon notice given the defendant, revoking the suspended sentence, so as to require the defendant to serve the time originally suspended.
The defendant filed a petition for a writ of habeas corpus in the circuit court, and although several grounds were alleged in the petition, including the allegation that the petitioner was not represented by counsel, all of these allegations were brushed aside by admissions, or were not substantiated by the proof, so that finally the only issue presented to the circuit judge for determination was the question had authority under not the county judge had authority under the law to revoke the former suspended sentence after it had been suspended for a period of more than five years.
[248 Miss. 169] The circuit judge was of the opinion that the order of the ocunty court was property entered and refused to release the petitioner upon the writ of habeas corpus.
I
We are of the opinion that the learned circuit judge reached the wrong conclusion in this case for the following reasons hereinafter set forth:
Page 596
This Court has heretofore pointed out that habeas corpus proceedings cannot be made to perform the function of a writ of error on appeal. See Kelly, Sheriff v. Douglas, 164 Miss. 153, 144 So. 237; Rogers v. Jones, 240 Miss. 610, 128 So.2d 547. On the other hand, in the latter case, we pointed out that 'The chief historical ground for the issuance of a habeas corpus writ and the release of a prisoner is the lack of jurisdiciton on the part of the court to sentence or to hold the prisoner', and 'The habeas corpus court...
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Scarborough v. Kellum, No. EC 74-3-K.
...shorter period of suspension, a suspended misdemeanor sentence will continue in effect for five years. Jackson v. Waller, 248 Miss. 166, 156 So.2d 594 (1963), opinion modified, 248 Miss. 166, 160 So.2d 184 It is therefore unnecessary for purposes of the present action to attempt to resolve ......
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State v. Nicholson, No. 47534
...880 (Miss.1968); Allred v. State, 187 So.2d 28 (Miss.1966); Smith v. State, 155 So.2d 494 (Miss.1963); Jackson v. Waller, 248 Miss. 166, 156 So.2d 594 (1963); Donnell v. State, 48 Miss. 661 (1873). (229 So.2d at 581). Furthermore, we said in State v. Ridinger, 279 So.2d 618 (Miss.1973): A j......
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Artis v. State, No. 92-KP-1046
...hearing? In support of his first contention Artis cites Ross v. State, 268 Ark. 189, 594 S.W.2d 852 (1980), and Jackson v. Waller, 248 Miss. 166, 156 So.2d 594 The state responds that the due process claim fails because Artis cannot overcome the presumption of correctness that attaches to t......
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Scarborough v. Kellum, No. EC 74-3-K.
...shorter period of suspension, a suspended misdemeanor sentence will continue in effect for five years. Jackson v. Waller, 248 Miss. 166, 156 So.2d 594 (1963), opinion modified, 248 Miss. 166, 160 So.2d 184 It is therefore unnecessary for purposes of the present action to attempt to resolve ......
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State v. Nicholson, No. 47534
...880 (Miss.1968); Allred v. State, 187 So.2d 28 (Miss.1966); Smith v. State, 155 So.2d 494 (Miss.1963); Jackson v. Waller, 248 Miss. 166, 156 So.2d 594 (1963); Donnell v. State, 48 Miss. 661 (1873). (229 So.2d at 581). Furthermore, we said in State v. Ridinger, 279 So.2d 618 (Miss.1973): A j......
-
Artis v. State, No. 92-KP-1046
...hearing? In support of his first contention Artis cites Ross v. State, 268 Ark. 189, 594 S.W.2d 852 (1980), and Jackson v. Waller, 248 Miss. 166, 156 So.2d 594 The state responds that the due process claim fails because Artis cannot overcome the presumption of correctness that attaches to t......