State v. Brooks

Citations

• 102 Miss. 661
• 59 So. 860

Syllabus

<p>Criminal Law. Right of appeal l>y state. Code 1906, section 40.</p> <p>From the action of the court instructing a verdict for the defendant in a criminal case because the evidence did not support the charge, no appeal lies. In such case Code 1906, section 40, authorizing the state to appeal from a judgment acquitting accused when a question of law has been decided adversely to the state has no application.</p>