Judon v. State
Decision Date | 12 March 1923 |
Docket Number | 23112 |
Citation | 131 Miss. 560,95 So. 521 |
Court | Mississippi Supreme Court |
Parties | JUDON v. STATE |
March 1923
CRIMINAL LAW. Judgment dismissing appeal from justice court should have been set aside when defendant and bondsmen were present and so notified court shortly after dismissal.
Where ignorant negro was appealing from conviction in justice court in good faith, and he and his bondsmen were present, but he had stepped outside the courtroom, and neither he nor the bondsmen appreciated the fact that the case was called for trial, but they notified the court of their presence and asked for a trial within a few minutes after the case was called, a judgment dismissing the appeal should have been set aside, and a hearing on the merits granted.
APPEAL from circuit court of Pontotoc county, HON. C. P. LONG Judge.
King Judon was convicted of an offense in justice court, and his appeal was dismissed by the circuit court, and he appeals. Reversed and remanded.
Reversed and remanded.
Mitchell & Mitchell, for appellant.
We think this case comes clearly within the principle recently announced by this court in the case of Morris v. The City of Tupelo, 93 So. 433. To dismiss an appeal under the circumstances as shown by this record would make the courts a trap to catch the ignorant and unwary rather than a means for the administration of justice.
In overruling the motion to set aside the order dismissing the appeal, the court admitted the facts to be as stated by the witness on the motion, yet as a reason for overruling the motion stated that such a precedent would lead to endless confusion in the court. We respectfully submit that no court should be afraid to establish a precedent when in doing so he clearly obeys the ordinary dictates of conscience as to what is just, fair and right.
We respectfully submit that the judgment of the court should be reversed and the cause remanded for a trial on the merits.
C. E. Dorrah, special agent, for the state.
The only question in this case to be decided is whether the action of the court was reasonable under the circumstances. This court passed on a recent case, which is cited in appellant's brief, styled Morris v. The City of Tupelo, 93 So. 433, and in the light of the above decisions, and on the record, this case is submitted to this court to decide whether or not the action of the lower court was reasonable.
This is an appeal from a judgment of the circuit court of Pontotoc county dismissing an appeal by Judon from a conviction and fine of two dollars and fifty cents and twenty-nine dollars costs in the justice court.
The case against appellant was called for trial by the court, and he failed to answer; whereupon an order was entered dismissing the appeal, and a forfeiture was taken against the appeal bond. It seems the appellant and sureties on his bond were present in the courthouse, but failed to answer when the case was called. They appeared a few minutes thereafter and moved the judgment dismissing the appeal be set aside and a trial on the merits granted. The court overruled the motion, and it is from this action the case is appealed.
We here set out in full the testimony and action taken by the court on the motion, as appears in the record:
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Kennard v. State
...of Tupelo, 129 Miss. 887, 93 So. 433; Long v. State, 94 Miss. 230, 48 So. 726; Develling v. State, 97 Miss. 11, 52 So. 484; Judon v. State, 131 Miss. 560, 95 So. 521; Cannon v. State, 134 Miss. 805, 100 So. 8; McGowan v. State, 181 Miss. 42, 178 So. The authorities are clear that this Court......
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Norwood v. State
...be liberal in granting trials to the end that all cases may be heard on their merits. Morris v. City of Tupelo, 129 Miss. 887; Judon v. State, 131 Miss. 560. E. Sharp, Assistant Attorney-General, for the State. In the case of State v. Sansome, 97 So. 753, this court passed upon the chapter ......