Jolliff v. State, s. 45155

• Decision Date: 01 May 1968
• Docket Number: Nos. 45155,45154,s. 45155
• Citation: 210 So.2d 47
• Parties: James JOLLIFF, Jr. v. STATE of Mississippi. James JOLLIFF, Jr. v. WILKINSON COUNTY BOARD OF ELECTION COMMISSIONERS.
• Court: Mississippi Supreme Court

Page 47

210 So.2d 47

James JOLLIFF, Jr. v.STATE of Mississippi.

James JOLLIFF, Jr. v.WILKINSON COUNTY BOARD OF ELECTION COMMISSIONERS.

Nos. 45155, 45154.

Supreme Court of Mississippi.

May 1, 1968.

William E. Miller, II, Jackson, for appellant.

Joe T. Patterson, Atty. Gen., by, W. D. Coleman, Asst. Atty. Gen., Jackson, for appellees.

ON MOTIONS TO ADVANCE APPEALS, TO VACATE REMOVAL FROM

OFFICE, AND TO STAY ELECTION PENDING DECISION OF

APPEALS

ETHRIDGE, Chief Justice:

James Jolliff, Jr., appellant, was elected Supervisor of Beat 1 of Wilkinson County and took office in January 1968.In March 1968, he was tried and convicted of obstruction of justice, a felony, in the Circuit Court of Wilkinson County.Miss. Code1942 Ann. § 2294 (Supp.1966).As required by Code section 4053, the judgment of the circuit court also removed Jolliff from the office of supervisor.Miss. Code1942 Ann. § 4053.Jolliff has appealed from this conviction in cause No. 45,155(formerly Misc. No. 56), and has moved this Court to vacate his removal from office, or to stay removal pending appeal, and to advance the appeal.

After Jolliff's conviction, the Board of Supervisors of Wilkinson County appointed an interim supervisor for Beat 1 to fill the vacancy created by appellant's removal from office until an election could be held.On April 1, 1968, the Wilkinson County Board of Election Commissioners, appellee, issued a notice of special election to be held on May 28, 1968, to fill the office of Supervisor of Beat 1 for the remainder of appellant's term of office.On April 4, 1968, Jolliff submitted to the County Board of Election Commissioners a nominating petition allegedly signed by 324 qualified electors of Beat 1.

On April 5, 1968, the election commissioners advised Jolliff that, because of his conviction of a felony, he was not qualified to run as a candidate in the May 28, 1968, election, and that his name would not be placed on the ballot for that election.Jolliff filed a bill of exceptions, and took an appeal to the Circuit Court of Wilkinson County, which affirmed the decision of the election commissioners.From the circuit court's judgment, Jolliff has appealed to this Court in CauseNo. 45,154.

In view of the mandatory terms of the constitution and statute, this Court will not stay a removal from office pending appeal, where the office holder has been convicted of a felony.Miss.Const. § 175(1890);Miss.Code1942 Ann. § 4053(1956);Bucklew v. State, 192 So.2d 275(Miss.1966).However, an issue in the instant appeals, the right to the office, cannot be kept in status quo, if there should be during the period of appeal a new election for the unexpired term and installation of a successor officer.Cf.Bucklew v. State, 206 So.2d 200(Miss.1968).

In the instant cases, the Board of Supervisors has appointed an interim supervisor for Beat 1 of Wilkinson County to fill the vacancy created by appellant's removal from office until an election can be held.If the called election is held on May 28, 1968, to fill the office, the appellate jurisdiction of this Court will be frustrated if the conviction is reversed, or if this Court should...