Gavigan v. State
Mississippi Supreme Court
Error to the Circuit Coui’t of Warren County. Hon. Upton M. Young, Judge. John F. Gavigan, the plaintiff in error, was convicted of the murder of A. E. Murphy, and the penalty fixed by the jury at imprisonment in the penitentiary for life. He made a motion for a new trial, which being overruled, he sued out a writ of error.
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Error to the Circuit Coui’t of Warren County. Hon. Upton M. Young, Judge. John F. Gavigan, the plaintiff in error, was convicted of the murder of A. E. Murphy, and the penalty fixed by the jury at imprisonment in the penitentiary for life. He made a motion for a new trial, which being overruled, he sued out a writ of error. The original transcript of the record sent up to this court did not show the organization of the court in ■which the plaintiff in error was convicted ; but, upon suggestion of a diminution in the record, the court caused a certiorari to issue for a full and perfect…
1Opinion of the CourtSimrall, C. J.
The first error assigned, impugning the organization of the court in which the plaintiff in error was tried and' convicted, is cured by the return to the certiorari.
The second error is that the special venire was not ordered. *539on the application of the district attorney, or of the accused. For that irregularity the writ would have been quashed, on the motion of the defendant. No demand was made for another venire; but the defendant went to trial without any-question raised as to the source whence the jury was taken, or any exception as to the manner in which the panel was made, or to its…
2Cases cited3 opinions
- Head v. StateMississippi Supreme Court · 1870
- Rankin v. HoytSupreme Court of the United States · 1845
- Ogle v. StateMississippi Supreme Court · 1872
3Cited by9 opinions
- Thomas v. StateMississippi Supreme Court · 1987
- Lott v. StateMississippi Supreme Court · 1948
- Hutto v. KremerMississippi Supreme Court · 1954
- Harris v. StateMississippi Supreme Court · 1929
- Wampold v. StateMississippi Supreme Court · 1934
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