State v. Moore

• Decision Date: 10 February 1913
• Citation: 60 So. 731,103 Miss. 699
• Court: Mississippi Supreme Court
• Parties: STATE v. ED. MOORE

60 So. 731

103 Miss. 699

STATE v. ED. MOORE

Supreme Court of Mississippi

February 10, 1913

October, 1912

APPEAL from the circuit court of Yalabusha county, HON. N. A. TAYLOR, Judge.

Ed. Moore was charged with gaming and acquitted 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.

Creekmore & Stone, attorneys for appellee.

OPINION

REED, J.

Appellee was tried in the circuit court on a charge of gaming. At the end of the trial the court instructed the jury to find appellee not guilty. Following the reasons stated in the opinions of the court in the cases of State v. Willingham, 86 Miss. 203, 38 So. 334, and State v. Brooks, 102 Miss. 661, 59 So. 860, we decide that this is not a proper case for appeal.

In the case of State v. Brooks, supra, COOK, J., in delivering the opinion of the court, said: "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 appeal is dismissed.

Appeal dismissed.