Johnson v. State
| Docket Number: | 2003-KM-01761-COA Linked Case(s): 2003-KM-01761-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-15-2004 Opinion Author: Myers, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Indecent exposure - Jurisdiction - Section 11-51-81 Judge(s) Concurring: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Chandler and Griffis, JJ. Non Participating Judge(s): Southwick, P.J. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 07-07-2003 Appealed from: Yazoo County Circuit Court Judge: Frank G. Vollor Disposition: RECKLESS DRIVING, INDECENT EXPOSURE, MALICIOUS MISCHIEF HEREBY DISMISSED District Attorney: Jack Hogue Case Number: 22-8964 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Glyn Johnson d/b/a Zoo City Skydivers |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Indecent exposure - Jurisdiction - Section 11-51-81 |
| Summary of the Facts: | Glyn Johnson was convicted in the Justice Court of Yazoo County of indecent exposure, reckless driving, and malicious mischief. He appealed his conviction to the County Court of Yazoo County and was again convicted of all three crimes. He then appealed to the Circuit Court of Yazoo County affirming his conviction which affirmed his convictions and sentences. He appeals. |
| Summary of Opinion Analysis: | Section 11-51-81 provides that there shall be no appeal from the circuit court to the supreme court of any case civil or criminal which originated in a justice of the peace, municipal or police court and was thence appealed to the county court and thence to the circuit court unless in the determination of the case a constitutional question be necessarily involved and then only upon the allowance of the appeal by the circuit judge or by a judge of the supreme court. Johnson’s appeal is defective because it was not accompanied by the necessary formal allowance of either the circuit judge or a supreme court justice. Therefore, the appeal is dismissed. Even if his appeal were proper, his argument that the justice court’s charging affidavits were facially insufficient is without merit. All three affidavits quote the relevant language of the applicable statutes. |
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