State v. Gordon

Citations

• 105 Miss. 454
• 62 So. 431

Syllabus

<p>1. Habeas Corpus. Nature of proceeding. Appeal. Persons entitled to appeal. Bail. Code 1906, section 36.</p> <p>ON MOTION TO DISMISS.</p> <p>A proceeding to enforce the right of personal liberty by means of a writ of habeas corpus is civil and not' criminal.</p> <p>2. Same.</p> <p>The state, though not formally designated as such, is always a real party to the record in habeas corpus proceedings, where the petitioner is being held to await trial for an alleged violation of the criminal law, and is therefore entitled to an appeal from a judgment adverse to its interest, under section 36, Code 1906, which provides that “any party aggrieved by the judgment, on the trial of a habeas corpus, shall have an appeal to the Supreme Court.</p> <p>ON THE MERITS.</p> <p>3. Bail. Criminal cases. Right to tail.</p> <p>Where a defendant charged with murder defended on the sole ground of temporary insanity and on the first trial was convicted, which conviction was set aside on the ground of' relationship of one of the jurors to deceased, and on a second trial there was a mistrial, the defendant was not entitled to- bail, his defense of temporary insanity not having been established.</p>