McGARRH v. STATE

J.P. Coleman, Ackerman, for appellant. I. To render a case moot, the right asserted must have expired and become in all respects as completely extinct as if it had never existed at all. California Co. v. State Oil and Gas Board, 200 Miss. 824, 27 So.2d 542; Henley v. Kilbas, 188 Miss. 604, 195 So. 582; Thomas v. Ferrell, 184 Miss. 87, 184 So. 425. II. When the question concerns a matter of such a nature that there should be a declaration and enforcement of a rule for future conduct, the case will not be dismissed as moot. Sartin v. Barlow ex rel Smith, 196 Miss. 159; 16 So.2d 372. G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee. I. By the petition filed herein bail was sought pending trial on the murder charge. Since the trial has now taken place and petitioner convicted, the object of the petition no longer exists. Thus, the question involved is now merely academic. Sartin v. Barlow ex rel Smith, 196 Miss. 159, 16 So.2d 372. II. Furthermore, if this Court should reverse Chancellor Cofer, the judgment entered here upon reversal or upon remand would be unenforceable and therefore useless. Sheldon v. Ladner, 205 Miss. 264, 38 So.2d 718. 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.