Summary
In Eady v. State, 153 Miss. 696, 122 So. 199, 200, we said: "It is rarely the case that this court will notice, on a suggestion of error, a new contention, one not assigned or argued on the submission of the case.
Summary of this case from Warren County v. Ferry Co.Opinion
No. 27771.
May 6, 1929.
APPEAL AND ERROR. Contention evidence was insufficient to sustain verdict, not assigned or argued in briefs, cannot be considered on suggestion of error.
Contention that evidence was not sufficient to sustain verdict could not be considered on suggestion of error, where such contention was not embraced in assignment of errors nor mentioned in briefs on submission of case on original hearing of appeal.
APPEAL from circuit court of Forrest county, HON. R.S. HALL, Judge.
Haralson Hall, Stanton A. Hall and Colbert Dudley, for appellants.
James W. Cassedy, Jr., Assistant Attorney-General, for the state.
One of the appellants, in a suggestion of error, now for the first time raises the question and urges upon us that the evidence as to him, taking all the testimony in behalf of the state as true, is not sufficient to sustain the verdict. This contention was not embraced in the assignment of errors, nor was it mentioned in the briefs of appellants on the submission of the case on the original hearing of the appeal. It is rarely the case that this court will notice, on a suggestion of error, a new contention, one not assigned or argued on the submission of the case. As a general rule it is no more permissible on appeal to present a case in halves or by piecemeal than it would be on the original trial. Tunstall v. Walker, 2 Smedes M. 685; Ramsey v. Barbaro, 12 Smedes M. 293; Hatto v. Brooks, 33 Miss. 575; Lusk v. Seal, 129 Miss. 233, 91 So. 386; Mars v. Germany, 135 Miss. 389, 100 So. 23; Ewing v. Warren, 144 Miss. pages 255, 256, 109 So. 601; Wilson v. Stark, 146 Miss. 505, 112 So. 390.
Overruled.