Young v. State

Decision Date21 September 1925
Docket Number24865
Citation140 Miss. 165,105 So. 461
CourtMississippi Supreme Court
PartiesYOUNG v. STATE. [*]
Division B

1. CRIMINAL LAW. Indictment and information. Circuit court has no original jurisdiction to try misdemeanor, except on indictment by grand jury; on failure to show indictment for misdemeanor, and on showing by record that there was no trial in justice court, with proper appeal proceedings, conviction will be reversed.

A circuit court has no original jurisdiction to try a misdemeanor, except by indictment of a grand jury, and where no indictment is shown in the record, but on the contrary an affidavit, and where the record shows that there was no trial in the justice court, with proper appeal proceedings, the judgment of conviction will be reversed.

2. CRIMINAL LAW. Indictment and information. Justice of the peace has no authority to waive trial for misdemeanor and bind accused over to await action of grand jury, unless charge preferred may be punished as felony under certain conditions; if accused is bound over to await action of grand jury, instead of trial by justice of peace, circuit court cannot proceed for misdemeanor on affidavit filed before justice of peace.

A justice of the peace has no authority to waive a trial for misdemeanor and bind the defendant over to await the action of the grand jury, unless the charge preferred may be punished as a felony under certain conditions; and where a defendant is bound over to await the action of the grand jury, instead of being tried a circuit court cannot proceed on the affidavit filed before the justice of the peace.

HON. C P. LONG, Judge.

APPEAL from circuit court, of Monroe county, HON. C. P. LONG, Judge.

Wylie Young was convicted of trespass to real estate, and he appeals. Reversed and remanded, with directions.

Judgment reversed, and case remanded.

W. H. Clifton and W. A. Blair, for appellant.

Leftwich & Tubb and J. L. Byrd, Assistant Attorney-General, for the state.

OPINION

ETHRIDGE, J.

The appellant was tried in the circuit court on charge of trespass to real estate, convicted, and sentenced to ninety days in jail and fined two hundred and fifty dollars and costs. The case was tried in the circuit court on an affidavit, and not on an indictment. The record as originally sent up contained no transcript from the justice of the peace, and contains no appeal bond or affidavit in lieu thereof. The only thing in the record is a judgment of the justice court, imposing a fine of fifty dollars and costs, and that the defendant prays an appeal and entered into bond, fixed on approval at five hundred dollars. The transcript then recites: "This same judgment in the other case and all tried the same day. He was fined fifty dollars in the two charges of theft, and waived examination of the criminal trespass, and entered into bond to appear at the next term of the circuit court, and also the action of the grand jury."

The justice of the peace was introduced on trial and testified "Well, he was indicted in the court for cutting timber on the land, and when I had him arrested...

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