State v. Brooks
| Decision Date | 11 November 1912 |
| Docket Number | 16,077 |
| Citation | 102 Miss. 661,59 So. 860 |
| Court | Mississippi Supreme Court |
| Parties | STATE v. STANLEY BROOKS |
APPEAL from the circuit court of Holmes county, HON. MONROE McCLURG, Judge.
Stanley Brooks was acquitted on a trial for crime and the state appeals.
The facts are fully stated in the opinion of the court.
Appeal dismissed.
Frank Johnston, assistant attorney-general, for the state.
Hill & McBee, for appellee.
No brief of counsel on either side found in the record.
This is an appeal by the state from the action of the circuit court in instructing the jury to find the defendant not guilty.
When the state closed its evidence, the court excluded the testimony, upon the motion of defendant, and directed the jury to acquit the defendant. This is the language of Judge TRULY, speaking for the court, in the case of State v. Willingham et al., 86 Miss. 203, 38 So. 334. The statute construed in that case was section 39, Code 1892. Section 40, Code 1906, under which this appeal is prosecuted, is a transcript of the law of 1892.
Experimental appeals by the state are not authorized by the statute, and this court is not required to read the evidence taken in the trial court to ascertain whether, taken as a whole, the jury would have been warranted in finding the defendant guilty. This would be a waste of the court's time, which could be more profitably employed in the investigation of real lawsuits.
The following appeals are in the same category, viz.: State v. R. C. Wilkerson, 59 So. 830; State v. J. J. Olive, 59 So. 830.
Wherefore the appeals of all are dismissed.
Appeal dismissed.
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...v. Sisk, 209 Miss. 174, 177, 46 So.2d 191 (1950); City of Pascagoula v. Cunningham, 141 Miss. 604, 106 So. 886 (1926); State v. Brooks, 102 Miss. 661, 59 So. 860 (1912); State v. Willingham, 86 Miss. 203, 38 So. 334 (1905); City of Water Valley v. Davis, 73 Miss. 521, 19 So. 235 In State v.......
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...and we must therefore decline to answer the questions certified.' Likewise to the same effect are the following cases: In State v. Brooks, 102 Miss. 661, 59 So. 860, the court held that under Code 1906, sec. 40, authorizing the state to appeal from a judgment acquitting accused when a quest......
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