Kittrell v. State

Mississippi Supreme Court

Kittrell v. State

29 So. 2d 313, 201 Miss. 514, 1947 Miss. LEXIS 412

CourtMississippi Supreme Court

DecidedMarch 10, 1947

DocketNo. 36233.

StatusPublished

Cited by6 cases

This text of 29 So. 2d 313 (Kittrell v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kittrell v. State, 29 So. 2d 313, 201 Miss. 514, 1947 Miss. LEXIS 412 (Mich. 1947).

Pincite

Opinion

Griffith, P. J.,

delivered the opinion of the court.

At the May term 1935 of the Circuit Court of Greene County appellant was convicted of a misdemeanor and was sentenced to a term of six months in the county jail, but it was further ordered that the sentence be suspended during good behavior.

At the May term 1946 of the Circuit Court, appellant was indicted for an assault and battery, and upon the petition of the district attorney and upon a hearing thereof the court revoked the suspension of sentence in the previous case and appellant has appealed.

An order revoking a suspension of sentence is not appealable. Cooper v. State, 175 Miss. 718, 168 So. 53, and Reynolds v. State (Miss.), 187 So. 528. When in such a matter there is a fundamental issue which if found in the convict’s favor would make the proceedings null and void, the issue may be raised and reviewed in habeas corpus, but no such step has been taken here.

Appeal dismissed.

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