Warwick v. State

Citations

• 102 Miss. 143
• 59 So. 2

Syllabus

<p>1. Vagrancy. Judgment. Validity. Code 1906, sections 5058, 5059-5061.</p> <p>Where a defendant indicted for vagrancy under section 5058, Code 1906, pleads guilty and the court without taking bond for good behavior suspends sentence on the payment of costs, the court cannot afterwards sentence defendant under this plea as for a second offense, section 5059 and section 5061, having no application in such case.</p> <p>2. Same.</p> <p>In such case defendant must be sentenced under Code 1906, section 5058, and this is true although defendant after such suspension of sentence was again guilty of a similar offense.</p>