Ex parte Burke
Mississippi Supreme Court
Appear from the decision of Hon. F. A. Critz, Chancellor ■of the Sixth Judicial District, on habeas corpus. Atnanuel Burke was arrested under a warrant from a justice ■of the peace, based upon an affidavit charging that he “ did feloniously make an assault and battery upon the person of William Henry Chandler, with a certain deadly weapon, to wit, a knife, and did cut said Chandler in a dangerous and •cruel manner, not in necessary self-defence,” etc.
Read the full summary
Appear from the decision of Hon. F. A. Critz, Chancellor ■of the Sixth Judicial District, on habeas corpus. Atnanuel Burke was arrested under a warrant from a justice ■of the peace, based upon an affidavit charging that he “ did feloniously make an assault and battery upon the person of William Henry Chandler, with a certain deadly weapon, to wit, a knife, and did cut said Chandler in a dangerous and •cruel manner, not in necessary self-defence,” etc. He ivas brought before the justice of the peace on the 31st of August, 1880, who, after an examination, entered his "judgment, reciting that…
1Opinion of the CourtCampbell, J.
The affidavit on which the justice of the peace issued a warrant for the accused does not charge him with a felony, but the facts stated may amount to a felony; and if the justice was satisfied that the accused was guilty of a felony, it was his duty to require of him a recognizance to appear before the Circuit Court, and he was not illegally detained by the sheriff’ under the mittimus of the justice of the peace. The affidavit served to procure the warrant for the arrest of the party *53•charged, and when he was before the justice of the peace it was the duty of that officer to determine as to…
2Cited by2 opinions
- Atkinson v. StateMississippi Supreme Court · 1923
- Larson v. StateNebraska Supreme Court · 1913