Home/Mississippi Supreme Court/Dobbs v. State

Dobbs v. State

27 So. 2d 551, 200 Miss. 595, 1946 Miss. LEXIS 330
Mississippi Supreme Court·Decided October 14, 1946·No. No. 36195.·Published·Cited by 16 cases

Opinions

Alexander, J.,

delivered the opinion of the Court on the motion.

Appellant was convicted of murder and death sentence was imposed. He files motion for certiorari suggesting diminution of the record. No motion for new trial was made before adjournment of the term. Later, such motion was presented, but is not part of the record on appeal.

The motion for certiorari prays that this Court order the motion for new trial sent up and incorporated into the appeal record. Regardless of the serious points urged as a basis for the motion, we are without authority to consider same under this procedure. It is not shown that the trial judge acted thereon, and it is not therefore proper subject for an assignment of error. However, the motion was filed too late for consideration by either the trial judge or this Court.

The motion must be denied, but without prejudice to rights, if any, appellant may have to proceed otherwise. Pittman v. State, 147 Miss. 593, 113 So. 348.

Overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Dobbs v. State, 27 So. 2d 551, 200 Miss. 595, 1946 Miss. LEXIS 330 (Mich. 1946).

27 So. 2d 551 (Dobbs v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

McGraw v. State
688 So. 2d 764 (Mississippi Supreme Court, 1997)
Muldrow Mann McGraw, Jr. v. State of Mississippi
Mississippi Supreme Court, 1993
v. State of Mississippi
Mississippi Supreme Court, 1993
Flowers v. State
473 So. 2d 164 (Mississippi Supreme Court, 1985)
Read v. State
430 So. 2d 832 (Mississippi Supreme Court, 1983)
Pittman v. State
297 So. 2d 888 (Mississippi Supreme Court, 1974)
Chinn v. State
276 So. 2d 456 (Mississippi Supreme Court, 1973)
Corbin v. State
220 So. 2d 299 (Mississippi Supreme Court, 1969)
Shinall v. State
199 So. 2d 251 (Mississippi Supreme Court, 1967)
McDowell v. State
168 So. 2d 658 (Mississippi Supreme Court, 1964)
Averitt v. State
149 So. 2d 320 (Mississippi Supreme Court, 1963)
Averett v. State
149 So. 2d 320 (Mississippi Supreme Court, 1963)
Shields v. State
144 So. 2d 786 (Mississippi Supreme Court, 1962)
Boydstun v. Presley
141 So. 2d 561 (Mississippi Supreme Court, 1962)
Thornhill v. State
126 So. 2d 527 (Mississippi Supreme Court, 1961)
NATIONAL CAS. CO. v. Calhoun
67 So. 2d 908 (Mississippi Supreme Court, 1953)