Lang v. State, 40098
| Decision Date | 08 October 1956 |
| Docket Number | No. 40098,40098 |
| Citation | 89 So.2d 837,230 Miss. 147 |
| Parties | Theldor LANG v. STATE. |
| Court | Mississippi Supreme Court |
Jeff Collins, Luther Austin, Ronald C. Brown, Laurel, for appellant.
Joe T. Patterson, Atty. Gen., by J. R. Griffin, Jr., Asst. Atty. Gen., for appellee.
The conviction by the Circuit Court of Jones County of Theldor Lang for the crime of rape, and his sentence to life imprisonment in the state penitentiary was affirmed by this Court on May 14, 1956. 87 So.2d 265. His suggestion of error was overruled on June 28, 1956; and the mandate of this Court was sent down to the clerk of the circuit court on June 29, 1956.
On July 13, 1956, Lang prayed for and obtained an appeal to the Supreme Court of the United States, with a stay of execution of sentence pending the appeal, and the mandate of this Court was recalled. The appeal was perfected, and the record has been filed in the Supreme Court of United States.
But, in the meantime, in fact on July 13, 1956, the same day that the appeal was granted, the penitentiary authorities took Lang in charge and incarcerated him in the penitentiary, where he is now executing his sentence.
Movant Lang prays for his return from the penitentiary to the county jail of Jones County to await the result of his appeal to the Supreme Court of the United States, contending that pending such appeal, he is entitled to be near his counsel and friends, and that punishment cannot be inflicted upon him until or unless his appeal to the Supreme Court of the United States shall come to naught.
Section 2540, Code of 1942, provides as follows: 'Sentence upon conviction--in cases not capital, convict committed until fine and costs paid.--In cases not capital the court shall order the convict to stand committed until the fine, costs, and jail fees be paid.'
Section 2544 thereof provides as follows: 'What done with convict pending appeal.--If the defendant appeal from the conviction and be not removed on appeal, as provided in the next succeeding section, he shall be detained, according to the judgment of the circuit court, until the Supreme Court shall have decided his case, and the judgment thereof shall have been certified to the circuit court and the same fully executed.' The next succeeding Section 2545 authorizes the judge of the court where the prisoner was tried, or a judge of the Supreme Court to order his delivery to the sheriff of Hinds County, where the Supreme Court is held. No order of...
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Allred v. State, 43745
...out that there is a supplemental post conviction remedy under the rule established in Lang v. State, 230 Miss. 147, 170, 87 So.2d 265, 89 So.2d 837, 92 So.2d 670 (1957), ibid., 232 Miss. 616, 100 So.2d 138 (1958). See also Smith v. State, 158 So.2d 686 (Miss.1963). In the case of In re Broo......
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Rogers v. Jones
...as to whether or not a coram nobis was the proper remedy. In the carefully considered case of Lang v. State, 230 Miss. 147, 87 So.2d 265, 89 So.2d 837, 92 So.2d 670, 672, the Court reviewed Chapter 250, Laws of 1952, and 'It will be observed that the relief sought by this petition is based ......
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Smith v. State, 42222
...writ of error coram nobis, or by remedy supplemental to coram nobis, under the Lang rule. Lang v. State, 230 Miss. 147, 170, 87 So.2d 265, 89 So.2d 837, 92 So.2d 670 (1957); ibid., 232 Miss. 616, 100 So.2d 138 Smith's petition for habeas corpus charged an illegal arrest, an illegal search, ......
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Ledbetter v. Bishop
...or in the Supreme Court if the case had been appealed to this Court. Moreover, we held in Lang v. State, 230 Miss. 147, 163, 87 So.2d 265, 89 So.2d 837, 92 So.2d 670 (1957), that a motion was proper in cases where the application for writ of error coram nobis would not lie under the common ......