State v. Jackson

Mississippi Supreme Court

State v. Jackson

172 So. 145, 177 Miss. 873, 1937 Miss. LEXIS 164

CourtMississippi Supreme Court

DecidedFebruary 1, 1937

DocketNo. 32435.

StatusPublished

This text of 172 So. 145 (State v. Jackson) 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

State v. Jackson, 172 So. 145, 177 Miss. 873, 1937 Miss. LEXIS 164 (Mich. 1937).

Pincite

Opinion

Griffith, J.,

delivered the opinion of the court.

Appellee was prosecuted in the county court for petit larceny, and on the trial was acquitted under a peremptory instruction granted by the county judge. The State took an appeal to the circuit court, and there the circuit court adjudged that the rulings of the county judge were erroneous, and reversed the judgment of the county court; and evidently on the idea that the circuit court could not enter upon a trial de novo because of the ae- *875 quittal of the defendant in the county court, the State was directed to take an appeal to the Supreme Court. The judgment of the circuit court was in favor of the state, and it is an elemental principle that an appeal may not be taken to a higher court by one who has prevailed as to all his contentions in the court from which the appeal is sought to be taken. 4 C. J. S., Appeal and Error, sec. 183, p. 359, et seq.; 2 Am. Jur., p. 943, sec. 152.

Appeal dismissed.

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Griffith, J.,

delivered the opinion of the court.

Appellee was prosecuted in the county court for petit larceny, and on the trial was acquitted under a peremptory instruction granted by the county judge. The State took an appeal to the circuit court, and there the circuit court adjudged that the rulings of the county judge were erroneous, and reversed the judgment of the county court; and evidently on the idea that the circuit court could not enter upon a trial de novo because of the ae- *875 quittal of the defendant in the county court, the State was directed to take an appeal to the Supreme Court. The judgment of the circuit court was in favor of the state, and it is an elemental principle that an appeal may not be taken to a higher court by one who has prevailed as to all his contentions in the court from which the appeal is sought to be taken. 4 C. J. S., Appeal and Error, sec. 183, p. 359, et seq.; 2 Am. Jur., p. 943, sec. 152.

Appeal dismissed.

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Bluebook (online)

172 So. 145, 177 Miss. 873, 1937 Miss. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-miss-1937.