State v. Adams

Decided October 15, 1920

Mississippi Supreme Court · decided 1920-10-15

Hon. Or L. Ciium, Judge. N. D. Adams was charged with having intoxicating liquor - in his possession unlawfully. From a directed verdict of acquittal, the state appeals. The appeal is taken by virtue of paragraph 2, section 16, Hemingway’s Code (section 10, Code of 1906). There seems to be some, confusion in the decisions of the court relative to the right of the state to appeal in a criminal case where the defendant is acquitted in the circuit court.

Relies on State v. Brooks · City of Jackson v. Harland · State v. Willingham

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1920-10-15

How this case has been cited

Cited by 6 later decisions — most recently August 1992

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2The appellee was charged with having intoxicating liquor in his possession unlaAvfully. The court below, being of the opinion that the evidence was insufficient to sustain the charge against the appellant, instructed the jury to find him not guilty, and there Avas a verdict and judgment accordingly. The state appeals.

¶3The cause presents no question of laAV for determination under section 40;, Code of 1906 (Hemingway’s Code, section 16), and, as the attorney-general frankly admits, is controlled by State v. Willingham,, 86 Miss. 203., 38 So. 334; State, v. Brooks, 102 Miss. 661, 59 So. 860; State v. Moore, 103 Miss. 700, 60 So. 731; State v. Hatcher, 65 So. 511; City of Jackson v. Harland, 112 Miss. 41, 72 So. 850.

¶4Appeal dismissed.