Opinion
No. 43347.
November 22, 1965.
1. Courts — extended term — unauthorized — conviction void.
Where extended term of trial court was unauthorized by law, trial of defendant, charged with unlawful possession of intoxicating liquor, during unauthorized extended term was likewise unauthorized and his conviction was void.
Headnote as approved by Inzer, J.
APPEAL from the Circuit Court of Lee County; N.S. SWEAT, JR., J.
Thomas H. Comer, Booneville, for appellant.
I. The Court erred in extending the term of court beyond the term designated by statute; and the trial and conviction of appellant during the extended term of court was and is wholly void. Candate v. State, 196 Miss. 711, 18 So.2d 441; Murphy v. State, 253 Miss. 644, 178 So.2d 692; Walton v. State, 147 Miss. 851, 112 So. 790; Secs. 1395, 1647, Code 1942; Chap. 230, Laws 1960; 15 C.J., Secs. 230, 240 pp. 881, 886; 21 C.J.S., Courts, Sec. 154.
G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.
I. This court in Murphy v. State, 253 Miss. 644, 178 So.2d 692, having, by the language of its opinion, and from necessary inferences therefrom, stated that it was only on Monday, June 8, 1964, that no proceedings could be elsewhere than in Monroe County, it necessarily follows that the trial of appellant on June 13, 1964, during the otherwise properly extended term of court in Lee County was a valid proceeding and, no other question being raised by appellant on this appeal, his conviction should be affirmed.
Appellant, Paul Price, was convicted in the Circuit Court of Lee County on a charge of unlawful possession of intoxicating liquor, and was sentenced to pay a fine and serve a jail sentence. From this judgment he appeals to his Court.
The only error assigned by the appellant is that his conviction was had at an unauthorized extended term of the court and that his conviction at such term is wholly void.
(Hn 1) The record in this case reflects that appellant was tried at the same extended term of the court as was Murphy in the case of Murphy v. State of Mississippi, 253 Miss. 644, 178 So.2d 692 (1965). We held in Murphy that his trial on the first day of the extended term was unauthorized by law. It follows that, the extension of the term being unauthorized, the trial of appellant on another day of the same extended term was likewise unauthorized by law. For this reason this cause must be reversed and remanded for a new trial.
Reversed and remanded.
Lee, C.J., and Rodgers, Jones and Smith, JJ., concur.