Le Barron v. State
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Ed Le Barron was convicted of murder and appeals. The facts are fully stated in the opinion of the court. At the -very threshold of this investigation we find that the correctness of the action of the court is challenged in overruling the motion of appellant to quash the indictment returned against him.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Ed Le Barron was convicted of murder and appeals. The facts are fully stated in the opinion of the court. At the -very threshold of this investigation we find that the correctness of the action of the court is challenged in overruling the motion of appellant to quash the indictment returned against him. The testimony conclusively shows that both the county attorney and the district attorney were in the grand jury room while that body had the case of appellant under investigation. In our judgment, the evidence…
1Opinion of the CourtBeed, J.
Appellant was convicted of murder and sentenced to the penitentiary for life.
The action of the circuit court in overruling the motion of appellant to quash the indictment against him is assigned as error. The presence of the county prosecuting attorney and the district attorney in the grand jury room, during the time that the charge against appellant was being investigated and deliberated on, was a ground in the motion to quash.
It appears that both officers were present before the grand jury while the case was under investigation. The district attorney was there when the bill was voted on.…
2Cases cited3 opinions
- Commonwealth v. BradneySupreme Court of Pennsylvania · 1889
- United States v. TerryDistrict Court, N.D. California · 1889
- State v. CoulterMississippi Supreme Court · 1913
3Cited by12 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- State v. KempSupreme Court of Connecticut · 1939
- Sullivan v. StateMississippi Supreme Court · 1952
- GULF, MOBILE & ORR CO. v. GoldenMississippi Supreme Court · 1954
- Temple v. StateMississippi Supreme Court · 1933
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