Ex parte Caldwell

Citations

• 62 Miss. 774

Syllabus

<p>1. Appeal. From justices to circuit court. Conviction of misdemeanor. Dismissal. Certificate.</p> <p>An appeal' to the circuit court, as provided, im $ 2355 of the Code of 1880,. By one who has been convicted of a' misdemeanor before a justice- of the peace,, supersedes (under $ 2356, Code 1880), but does not vacate, the judgment of conviction in the justice’s court; and if such appeal be dismissed for want of prosecution,’as may be done, that fact should be certified to the justice of the-peace, who should then enforce his judgment.</p> <p>2. Same. Certificate of dismissal. Procedendo.</p> <p>The fact that such certificate of dismissal is ordered to issue, and does issue, as a procedendo does not affect its efficiency. '</p>