State v. Willingham

State of Mississippi v. John Willingham

State v. Willingham, 86 Miss. 203 (1905)

Court: Mississippi Supreme Court · State Highest Courts
Decided: April 15, 1905
Judges: Teiily
Citations: 86 Miss. 203

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.

Summary

Prom the circuit court of Webster county. Hon. J. M. Arnolu, Special Judge. John Willingham, Preston Willingham, and John Norwood, the appellees, were indicted and tried on an indictment charging them with having unlawfully, knowingly, and willfully opposed and resisted an officer attempting to serve or execute a legal writ, contrary to Code 1892, § 1221. When the state concluded its testimony, on motion of defendants the court excluded all of it as being insufficient to sustain a conviction, and defendants were discharged. Prom this finding and judgment the state appealed to the supreme court. [Counsel did not appear for either side.]

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Teiily

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Teiily, J.,

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

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State Highest Courts16

Relies on it most ⓘ

State v. Jackson64 So. 2d 341 (Miss. 1953)
State v. Insley606 So. 2d 600 (Miss. 1992)
State v. Brooks59 So. 860 (Miss. 1912)
State v. Peck271 P. 707 (Mont. 1928)
City of Gulfport v. Stratakos43 So. 812 (Miss. 1907)
City of Jackson v. Harland72 So. 850 (Miss. 1916)

Most recent

State v. Insley606 So. 2d 600 (Miss. 1992)
State v. Correro94 So. 2d 911 (Miss. 1957)
State v. Jackson64 So. 2d 341 (Miss. 1953)
State v. Sisk46 So. 2d 191 (Miss. 1950)
State v. Nall22 N.W.2d 520 (Wis. 1946)
State v. Ashley11 So. 2d 832 (Miss. 1943)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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