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Ex Parte Charles Jay Willette

219 Miss. 785 (Miss. 1953)
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Ex Parte Charles Jay Willette

9 Citing cases

  1. King v. East

    451 F. Supp. 453 (N.D. Miss. 1977)

    There must be strong grounds for apprehending a fatal result or the permanent, substantial impairment of health.         Ex Parte Willette, 219 Miss. 785, 63 So.2d 52, 54 (1953). All reported Mississippi cases addressing the question of when bail pending appeal should be granted because of the condition of an appellant's health have been concerned with questions of the physical health of the persons seeking bail.

  2. McGarrh v. State

    138 So. 2d 284 (Miss. 1962)   Cited 1 times

    III. Section 29 of the Mississippi Constitution of 1890 applies to the right to bail before conviction and the right to bail after conviction is not within that section. IV. After conviction, the right to bail vel non is determined by Section 1180 of the Code. Ex parte Willette, 219 Miss. 785, 63 So.2d 52; Leggett, Sheriff, v. Vannison, 133 Miss. 22, 96 So. 518. JONES, J.

  3. Rogers v. State

    126 So. 2d 512 (Miss. 1961)   Cited 3 times

    I. The trial court was correct in dismissing the motion of appellant filed after the adjournment of the regular term of court. Carter v. State, 147 Miss. 171, 113 So. 177; McDonald v. State, 151 Miss. 566, 118 So. 628; National Casualty Co. v. Calhoun, 219 Miss. 9, 67 So.2d 908; Perciful v. Holley, 217 Miss. 203, 63 So.2d 817; Pittman v. State, 147 Miss. 593, 113 So. 348; Stafford v. State (Miss.), 55 So.2d 477; Turner v. State, 121 Miss. 68, 83 So. 404; 30 Mississippi Law Journal (No. 4), Judge M.M. McGowan's article p. 438. II. The appeal of appellant in this case did not stay the judgment of conviction and sentence and appellant is properly confined in the Mississippi State Penitentiary. Ex parte Willette, 219 Miss. 785, 63 So.2d 52; Lang v. State, 230 Miss. 147, 89 So.2d 837; Secs. 1150, 1180, Code 1942. GILLESPIE, J.

  4. Thornhill v. State

    126 So. 2d 527 (Miss. 1961)   Cited 6 times

    I. The trial court was correct in dismissing the motion of appellant filed after the adjournment of the regular term of court. Carter v. State, 147 Miss. 171, 113 So. 177; McDonald v. State, 151 Miss. 566, 118 So. 628; National Casualty Co. v. Calhoun, 219 Miss. 9, 67 So.2d 908; Perciful v. Holley, 217 Miss. 203, 63 So.2d 817; Pittman v. State, 147 Miss. 593, 113 So. 348; Stafford v. State (Miss.), 55 So.2d 477; Turner v. State, 121 Miss. 68, 83 So. 404; 30 Mississippi Law Journal (No. 4), article by Judge M.M. McGowan, p. 438; Mississippi Digest, Criminal Law, Key No. 274. II. The appeal of appellant in this case did not stay the judgment of conviction and sentence and appellant is properly confined in the Mississippi State Penitenitiary. Ex parte Willette, 219 Miss. 785, 63 So.2d 52; Lang v. State, 230 Miss. 147, 89 So.2d 837; Sec. 1180, Code 1942. ARRINGTON, J.

  5. Rose v. State

    107 So. 2d 730 (Miss. 1958)   Cited 1 times

    I. Judge Ethridge was eminently correct in granting the appellant bail pending the final disposition of this cause. Ex parte Atkinson, 101 Miss. 744, 58 So. 215; Crosby v. State, 125 Miss. 433, 88 So. 3; Ex parte Willette, 219 Miss. 785, 63 So.2d 52; Ex parte Wheeler (Miss.), 24 So. 261; Ex parte Patterson, 56 Miss. 161; Sec. 1180, Code 1942. ETHRIDGE, J.

  6. Brister v. State

    97 So. 2d 654 (Miss. 1957)   Cited 9 times
    In Brister v. State, 231 Miss. 722, 97 So.2d 654 (1957), we held that the absence of the defendant from the anteroom during the time while the parties were exercising their jury challenge was not an error, since the defendant waived his right to be present.

    I. The constitutional rights of the appellant were not denied by his absence during a part of the jury impaneling. Ford v. State, 170 Miss. 459, 155 So. 220; Hamburg v. State, 203 Miss. 565, 35 So.2d 324; Simms v. State, 209 Miss. 545, 47 So.2d 849; Thomas v. State, 117 Miss. 532, 78 So. 147; Willette v. State, 219 Miss. 785, 63 So.2d 52; Williams v. State, 103 Miss. 147, 60 So. 73; Winston v. State, 127 Miss. 477, 90 So. 177. II. The Trial Court did not commit prejudicial or reversible error in refusing a certain instruction offered by the appellant without modification.

  7. Wetzel v. State

    225 Miss. 450 (Miss. 1954)   Cited 25 times
    In Wetzel v. State, 225 Miss. 450, 76 So.2d 188 (1944), the Court eschewed the procedural bar to the coram nobis petition consequent to the circuit court's refusal to grant the petition and instead held: "... the Court will consider this petition en banc in a regular term on its merits, as being addressed to the inherent constitutional powers of the court in its revisory capacity with reference to a case pending before it."

    (Hn 8) Although the refusal by the circuit judge to issue the writ is not an appealable action, Carraway v. State, 163 Miss. 639, 141 So. 342 (1932), (Hn 9) the Court will consider this petition in Banc in a regular term on its merits, as being addressed to the inherent constitutional powers of the Court in its revisory capacity with reference to a case pending before it, and also as being within the orbit of Code Section 1657. Cf. Ex Parte Willette, 63 So.2d 52 (Miss. 1953); Dolan v. State, 195 Miss. 154, 13 So.2d 925 (1943); Musselwhite v. State, 215 Miss. 363, 60 So.2d 807 (1952); Wheeler v. State, 70 So.2d 82 (Miss. 1954).

  8. Jones v. State

    2003 KA 83 (Miss. Ct. App. 2004)   Cited 2 times

    In Ex parte Atkinson, 101 Miss. 744, 58 So. 215, 217 (1912), the court allowed bail upon several doctors' recommendations that "confinement will aggravate the trouble and imperil the life and health of petitioner." In Ex parte Willette, 219 Miss. 785, 63 So.2d 52, 54 (Miss. 1953), the court likewise allowed bail pending appeal finding it probable that confinement is "likely to produce, fatal or serious results." ¶ 26.

  9. Frontier Insurance Company v. State

    741 So. 2d 1021 (Miss. Ct. App. 1999)   Cited 3 times
    In Frontier Insurance Co. v. State, 741 So.2d 1021 (¶ 20) (Miss. Ct. App. 1999), this Court addressed the issue of the liability of sureties in bond contracts such as the one here.

    The right to bail after conviction is not within that section." Ex Parte Willette, 219 Miss. 785, 790, 63 So.2d 52, 54 (1953) (citations omitted) (emphasis added). ¶ 11. Miss. Code Ann. § 99-5-5 (Rev. 1994) provides for bail prior to conviction, and in March 1995 read as follows: