Marley v. State

Citations

• 109 Miss. 169
• 68 So. 75

Syllabus

<p>Bail. Criminal prosecution. Authority to ad/mit to Vail.</p> <p>A persop convicted of felony can be admitted to bail pending an appeal to the supreme court only under the provisions of section 67 of the Code, by which power to do so is lodged in: First, the supreme court when in session; second, a judge of the supreme court during a vacation thereof; third, the judge who presided at the conviction; and fourth, the judge of the district in which the conviction was had and the judge of a judicial district to which one convicted in another judicial district was removed by order of the trial judge for safe keeping pending appeal, had no authority to admit him to bail.</p> <p>ON SUGGESTION OE EBEOE.</p> <p>Where a judge not authorized by Code 1906, section 67, to admit to bail, one convicted of a felony pending an appeal to the supreme court, made, an order admitting him to bail, the order was void on its face, and on motion of the attorney-general, the supreme court will enter an order directing the issuance of process for arrest of the prisoner pending the appeal.</p>