Simpson v. State

Citations

• 56 Miss. 297

Syllabus

<p>1. Crimiual Law. Presence of prisoner. Overruling motion for new trial.</p> <p>Where a motion for a new trial is made by one who has been convicted of murder, the record must affirmatively show the presence of the prisoner when his motion is overruled.</p> <p>2. Same. Supreme Court practice. Statute of 1878.</p> <p>The act of February 12, 1878 (Acts 1878, p. 200), providing that this court shall not reverse for certain matters therein named, having passed after the trial in the lower court, will not be applied in this case.</p> <p>3. Same. Practice. Second writ of error.</p> <p>Where the order overruling a motion for a new trial is void, this court will remand the case, in order that the motion may he again considered in the lower court, and if overruled, another writ of error may he taken.</p>