State v. Willingham
Mississippi Supreme Court
State v. Willingham, 86 Miss. 203 (Miss. 1905)
Teiily
State v. Willingham
Opinion of the Court
delivered the opinion of the court.
At the conclusion of the testimony on behalf of the state the court sustained a motion to exclude. Prom that ruling discharging the defendant the state prosecutes this appeal. No question of law is presented by this record, but a decision of the court merely passing upon the sufficiency of the proof to sustain a conviction. In such state of case there is no warrant of law for the taking of an appeal by the state, wherefore this appeal is
Dismissed.
Reference
- Full Case Name
- State of Mississippi v. John Willingham
- Cited By
- 16 cases
- Status
- Published
- Syllabus
- Appeal. Criminal case. Right of state to. Code 1893, § 39. Under Code 1892, § 39, authorizing the state to appeal from designated judgments adverse to it in criminal cases, it is not authorized to appeal to the supreme court from a judgment discharging a defendant on the ground that the proof was insufficient to sustain a conviction, and an appeal hy the state from such a judgment will be dismissed.