State v. Bell

Citations

• 58 Miss. 345

Syllabus

<p>1. S upremb Court. Jurisdiction. In criminal case. How acquired.</p> <p>The jurisdiction of this court on appeal in a criminal case is not dependent upon the appellant having given the cost-bond, which, under sect. 2842 of the Code of 1871, operates as a supersedeas, or having made the affidavit provided for in lieu thereof, but upon the filing of the petition for appeal in the lower court and the lodgment of the record here.</p> <p>2. Same. Criminal practice. Bond for appearance. Judgment nisi. Scire facias. Motion. Plea.</p> <p>Where a judgment nisi has been rendered by this court on a bond given under sect. 2842 of the Code of 1871, for the appearance of the appellant in a criminal case, and a scire facias has been issued thereupon, if the surety on the bond wishes to set up the defence that the record fails to show that any cost-bond was given or affidavit made as provided by said section, to operate as a supersedeas, he must present it by a plea, and cannot do so by a motion to dismiss.</p>