Rodgers v. State

Citations

• 101 Miss. 847
• 58 So. 536

Syllabus

<p>1. Criminal Law. Courts. Jurisdiction.</p> <p>Where concurrent jurisdiction is vested in two courts, the court first acquiring jurisdiction, acquires exclusive jurisdiction and if a proceeding is instituted in another court about the same subject-matter after one of the courts of concurrent jurisdiction; has acquired control, the suit should be dismissed in the last court to acquire jurisdiction.</p> <p>2. Same.</p> <p>When one court of concurrent jurisdiction, has acquired jurisdiction,, and voluntarily relinquishes it by nolle pros or dismissal of the case, the other court can proceed with the case.</p> <p>3. Same.</p> <p>Where a criminal prosecution was pending in a justice court when an indictment for the same offense was returned in the circuit court, and the proceeding in the justice court was then dismissed, it was proper to proceed under the indictment in the circuit court.</p>