III. The State of Mississippi has no right to appeal any criminal case except to settle a question of law. State v. Jackson, 217 Miss. 412, 64 So.2d 341. HOLMES, J.
"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." The rule has been recognized and reannounced in State v. Moore, 103 Miss. 699, 60 So. 731; City of Jackson v. Harland, 112 Miss. 41, 72 So. 850; State v. Adams, 123 Miss. 514, 86 So. 337; State v. Bourdon, 126 Miss. 877, 89 So. 769; State v. Ashley, 194 Miss. 110, 11 So.2d 832; State v. May, 208 Miss. 862, 45 So.2d 728; State v. Sisk, 209 Miss. 174, 46 So.2d 191; State v. Jackson, 217 Miss. 412, 64 So.2d 341; State v. Wingo, 221 Miss. 542, 73 So.2d 107. 231 Miss. at 157, 94 So.2d at 911.
"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." The rule has been recognized and reannounced in State v. Moore, 103 Miss. 699, 60 So. 731; City of Jackson v. Harland, 112 Miss. 41, 72 So. 850; State v. Adams, 123 Miss. 514, 86 So. 337; State v. Bourdon, 126 Miss. 877, 89 So. 769; State v. Ashley, 194 Miss. 110, 11 So.2d 832; State v. May, 208 Miss. 862, 45 So.2d 728; State v. Sisk, 209 Miss. 174, 46 So.2d 191; State v. Jackson, 217 Miss. 412, 64 So.2d 341; State v. Wingo, 221 Miss. 542, 73 So.2d 107. Some of the cited cases expressly state the rule is applicable even though the decision of the lower court involves a mixed question of law and fact.