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110 Miss. 440

Daniels v. State

Mississippi Supreme Court

Decided October 15, 1915

Mississippi Supreme Court · decided 1915-10-15

, Hon. P. B. Johnson, Judge. Birdie Johnson was convicted of vagrancy and appeals. The facts are fully stated in the opinion of the court. The judgment in this case is condemned in the case of Warwick v. State, 59 So. 2, and therefore the case must be reversed.

Relies on Warwick v. State

Decided 1915-10-15

Stevens, J.,

¶1delivered the opinion of the court.

¶2Appellant was convicted on the charge of vagrancy and ■sentenced to imprisonment “in the county jail for twenty-five days and to execute a bond in the sum of five hundred dollars to keep the peace for two years.” The assignment of errors challenges the legality of the .judgment imposing this sentence. As announced by this court in the case of Warwick v. State, 102 Miss. 143, 59 So. 2, section 5058, Code of 1906, prescribes the only .judgment within the power of the court to render. That provision of the judgment requiring appellant to give bond for two years renders the whole judgment excessive and unlawful.

¶3The judgment of the circuit court will be reversed, and the cause remanded, in order that the circuit court may resentence appellant.

¶4Reversed and remanded.

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