Kittrell v. State
| Decision Date | 10 March 1947 |
| Docket Number | 36233. |
| Citation | 201 Miss. 514,29 So.2d 313 |
| Court | Mississippi Supreme Court |
| Parties | KITTRELL v. STATE. |
Arthur G. Busby, Jr., of Meridian, for appellant.
Greek L. Rice, Atty. Gen., and R. O. Arrington, Asst. Atty. Gen., for appellee.
At the May term 1935 of the Circuit Court of Greene County appellant was convicted of a misdemeanor and was sentenced to a term of six months in the county jail, but it was further ordered that the sentence be suspended during good behavior.
At the May term 1946 of the Circuit Court appellant was indicted for an assault and battery, and upon the petition of the district attorney and upon a hearing thereof the court revoked the suspension of sentence in the previous case and appellant has appealed.
An order revoking a suspension of sentence is not appealable. Cooper v. State, 175 Miss. 718, 168 So. 53, and Reynolds v. State, Miss., 187 So. 528. When in such a matter there is a fundamental issue which if found in the convict's favor would make the proceedings null and void, the issue may be raised and reviewed in habeas corpus, but no such step has been taken here.
Appeal dismissed.
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Pipkin v. State, 47755
...revoking a suspension of sentence or revoking probation is not appealable. Ray v. State, 229 So.2d 579 (Miss.1969); Kittrell v. State, 201 Miss. 514, 29 So.2d 313 (1947); Cooper v. State, 175 Miss. 7188 168 So. 53 (1936). The remedy is habeas corpus to determine whether (1) the court has ju......
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Griffin v. State, 51738
...revoking a suspension of sentence or revoking probation is not appealable. Ray v. State, 229 So.2d 579 (Miss.1969); Kittrell v. State, 201 Miss. 514, 29 So.2d 313 (1947); Cooper v. State, 175 Miss. 718, 168 So. 53 (1936). The remedy is habeas corpus to determine whether (1) the court has ju......
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Jackson v. Waller
...(Emphasis supplied.) See Donnell v. State, 48 Miss. 661; Ex parte Chain, 210 Miss. 415, 49 So.2d 722. In the case of Kittrell v. State, 201 Miss. 514, 29 So.2d 313, this Court held that 'An order revoking a suspension of sentence is not appealable', citing other cases, and expressly held 'W......
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