Durden v. State

Citations

• 102 Miss. 570
• 59 So. 844

Syllabus

<p>1. Criminal Law. Appeal. Dismissal. Reinstatement.</p> <p>Where a defendant appealed to the circuit court from a convietion in a justice of the peace court and gave an appeal bond providing that he should appear at the next term of the circuit court, and from day to day and term to term, until discharged by law, and upon the case being called in the circuit court for trial the defendant failed to appear and answer the charge against him as required by law, the court had the right to dismiss the appeal, and take ,all necessary action in the case.</p> <p>2. Same.</p> <p>There is no fixed rule governing the matter of reinstating a case, where dismissal has been ordered because of the failure of defendant to appear and answer the charge against him as required in his appeal bond, each case is addressed to the sound discretion of the trial judge. .</p>