Redmond v. City of McComb

Mississippi Supreme Court

Redmond v. City of McComb

4 So. 2d 494, 192 Miss. 61, 1941 Miss. LEXIS 8

CourtMississippi Supreme Court

DecidedNovember 10, 1941

DocketNo. 34659.

StatusPublished

Cited by1 cases

This text of 4 So. 2d 494 (Redmond v. City of McComb) 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

Redmond v. City of McComb, 4 So. 2d 494, 192 Miss. 61, 1941 Miss. LEXIS 8 (Mich. 1941).

Pincite

Opinion

*62 Alexander, J.,

delivered the opinion of the court.

Appellant was convicted in the court of the police justice of the City of McComb for the unlawful possession of intoxicating liquors. He appealed to the County Court and was again convicted. Thereupon he filed proper bond for appeal to the Circuit Court, but failed to give timely notice to the court reporter to transcribe the notes of the evidence. The transcript of the testimony was, however, sent up with the record to the Circuit Court, where, upon motion of the county prosecuting attorney, the appeal was dismissed “for failure of defendant to give notice to the court reporter within ten days after the trial of this cause.”

Such omission regardless of its effect upon the right of appellant to avail of the reporter’s transcript, did not justify the summary dismissal of his appeal. His right to appeal upon the record and to stand thereon was not thereby affected. Such, indeed, is the extent of the record in certiorari. We are not concerned with the extent to which his day in court may be diminished by the omission, but his right thereto must be recognized and protected. Schwartz v. McKay, 184 Miss. 422, 185 So. 200, 811. For the error in dismissing the appeal to the Circuit Court, the cause must be reversed and remanded.

Reversed and remanded.

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

*62 Alexander, J.,

delivered the opinion of the court.

Appellant was convicted in the court of the police justice of the City of McComb for the unlawful possession of intoxicating liquors. He appealed to the County Court and was again convicted. Thereupon he filed proper bond for appeal to the Circuit Court, but failed to give timely notice to the court reporter to transcribe the notes of the evidence. The transcript of the testimony was, however, sent up with the record to the Circuit Court, where, upon motion of the county prosecuting attorney, the appeal was dismissed “for failure of defendant to give notice to the court reporter within ten days after the trial of this cause.”

Such omission regardless of its effect upon the right of appellant to avail of the reporter’s transcript, did not justify the summary dismissal of his appeal. His right to appeal upon the record and to stand thereon was not thereby affected. Such, indeed, is the extent of the record in certiorari. We are not concerned with the extent to which his day in court may be diminished by the omission, but his right thereto must be recognized and protected. Schwartz v. McKay, 184 Miss. 422, 185 So. 200, 811. For the error in dismissing the appeal to the Circuit Court, the cause must be reversed and remanded.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

4 So. 2d 494, 192 Miss. 61, 1941 Miss. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redmond-v-city-of-mccomb-miss-1941.

Opinion

Related

Cite This Page — Counsel Stack