59 So. 860 | Miss. | 1912
delivered the opinion of the court..
This is an appeal by the state from the action of the circuit court in instructing the jury to find the defendant not guilty.
Experimental appeals by the state are not authorized by the statute, and this court is not required to read the evidence taken in the trial court to ascertain whether, taken as a whole, the jury would have been warranted in finding the defendant guilty. This would be'a waste of the court’s time, which could be more profitably employed in the investigation of real lawsuits.
The following appeals are. in the same category, viz.: State v. R. C. Wilkerson, 59 South. 830; State v. J. J. Olive, 59 South. 830.
Wherefore the appeals of all are dismissed.
Appeal dismissed.