Public-domain · open source

194 Miss. 110

11 So.2d 832

State v. Ashley

Mississippi Supreme Court

Decided February 8, 1943

Mississippi Supreme Court · decided 1943-02-08

Cited by 6 later decisions — most recently August 1992

6 state decisions

Key passage — most relied on by later courts

““An appeal does not lie on behalf of the State or a municipality under section 19, Code of 1930, from a judgment of acquittal based upon a directed verdict in favor of a defendant in a criminal case where the peremptory instruction in such case is granted because of the insufficiency of the evidence to sustain the charge made in the affidavit or indictment, even though the question involved on the ruling of the trial court may be a mixed one of law and fact. City of Pascagoula v. Delmas, et al., 157 Miss. 619 , 128 So. 743 ; State v. Bourdon, 126 Miss. 877 , 89 So. 769 ; State v. Adams, 123 Miss. 514 , 86 So. 337 ; State v. Willingham, 86 Miss. 203 , 38 So. 334 ; State v. Brooks, 102 Miss. 661 , 59 So. 860 ; City of Jackson v. Harland, 112 Miss. 41 , 72 So. 850 ; City of Pascagoula v. Cunningham, 141 Miss. 604 , 106 So. 886 .””

quoted by 1 later decision, including State v. Jackson

Relies on Coker v. Wilkinson · State v. Brooks · City of Jackson v. Harland

Good law ✅— No negative treatment on recordhow we know

Decided 1943-02-08

View the full empirical analysis of this case →

McGeh.ee, J.,

¶1 delivered the opinion of the court.

¶2 An appeal does not lie on behalf of the state or a municipality under section 19, Code of 1930, from a judg *112 ment of acquittal based upon a directed verdict in favor of a defendant in a criminal case where the peremptory instruction in such case is granted because of the insufficiency of the evidence to sustain the charge made in the affidavit or indictment, even though the question involved on the ruling of the trial court may be a mixed one of law and fact. City of Pascagoula v. Delmas et al., 157 Miss. 619, 128 So. 743; State v. Bourdon, 126 Miss. 877, 89 So. 769; State v. Adams, 123 Miss. 514, 86 So. 337; State v. Willingham, 86 Miss. 203, 38 So. 334; State v. Brooks, 102 Miss. 661, 59 So. 860; City of Jackson v. Harland, 112 Miss. 41, 72 So. 850; City of Pascagoula v. Cunningham, 141 Miss. 604, 106 So. 886.

¶3 It is therefore conceded by the Attorney-General that the motion of appellee to dismiss this appeal should be sustained. It is so ordered.

¶4 Appeal dismissed.