Ex parte Atkinson

Citations

• 101 Miss. 744
• 58 So. 215

Syllabus

<p>1. Bail. Pending appeal. Sufficiency of affidavits. Jurisdiction of supreme court. Health of accused. Merits. Certificates of physician. Constitution, Sec. 146, Code 1906, Sec. 67.</p> <p>Certificates of physicians not verified by affidavit, will not be considered by the court on an application for bail after conviction, of a felony, pending an appeal to the supreme court.</p> <p>2. Bail. Pending appeal. Jurisdiction of supreme court. Code 1906, Sec. 67. Constitution 1890, Sec. 146.</p> <p>Under the Constitution of 1890, Sec. 146, providing that the supreme court shall have -such jurisdiction, as properly belongs to an appellate court, and Code of 1906, Sec. 67, giving said court or a judge thereof power to grant bail after conviction of a felony, pending appeal, such power is revisory only and should not be exercised until the petition for bail has first been acted on by the lower court.</p> <p>3. Bail. Pending of appeal. Health of Accused. Code 1906, See. 67.</p> <p>Under Code of 1906, Sec. 67, providing for the admission of a person-convicted of a felony to bail, pending an appeal, such person-should be allowed bail, where six physicians make affidavit that confinement will aggravate an illness of the accused and imperil his life and health although two other physicians make, affidavit to the contrary and one other partially dispute them.</p> <p>4. Bail. Consideration in supreme court. Merits.</p> <p>In an application for bail, pending an appeal, by a party convicted of a felony, the supreme court will not allow to be introduced as evidence or give any consideration to alleged errors occurring in the trial in the lower court.</p>