Thomas v. State

Citations

• 68 Miss. 91

Syllabus

<p>Criminal Procedure. Appeals to circuit court. Non-appearance of appellant.</p> <p>If the accused appeals from a conviction in the justice court, but fails to appear in the circuit court, it is error for that court to affirm the judgment of the justice of the peace. It may either proceed to try the cause de novo in his absence (Code 1880, § 3075), or dismiss the appeal and direct a procedendo to the justice of the peace, or enter a forfeiture on the appeal bond.</p>