Abram v. State
Mississippi Supreme Court
Error to Copiah circuit court. Harris, J. The accused (Abram) was indicted for murder in the circuit court of Copiah county, and he was, at the June term, 1852, of said court, found guilty of the charge alleged in the indictment, and upon a motion being made for a new trial, and refused by the court, the plaintiff in error brought the case to this court by writ of error. 1. Every caption of an indictment should show that the in-dictors were of the county for which the court…
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Error to Copiah circuit court. Harris, J. The accused (Abram) was indicted for murder in the circuit court of Copiah county, and he was, at the June term, 1852, of said court, found guilty of the charge alleged in the indictment, and upon a motion being made for a new trial, and refused by the court, the plaintiff in error brought the case to this court by writ of error. 1. Every caption of an indictment should show that the in-dictors were of the county for which the court was holden. 5 Bac. Abr., 93 (Amer. edit., 1844). If the caption does not state that the grand jury are of the county for…
1Opinion of the Court
Yebgee, J.:
The judgment in this case must be reversed. It does not appear by the record that the grand jury were sworn. It has been repeatedly held that this is a fatal defect.1 There is a recital in the indictment, that the grand jury “ were duly elected, empan-elled and sworn.” But the court in the case of Cody v. State, 3 How. R., 29, say: “ The recital of this fact in the bill of in*665dictment, cannot supply the omission of it in the record. The record may aid the indictment, but not e converso. For the authority of the jury to find the indictment must be contained in the record, and the…
2Cases cited1 opinion
- Coppage v. BarnettMississippi Supreme Court · 1857
3Cited by6 opinions
- Hays v. StateMississippi Supreme Court · 1909
- Walton v. StateMississippi Supreme Court · 1927
- Wooten v. StateMississippi Supreme Court · 1929
- Hardy v. StateMississippi Supreme Court · 1910
- State v. HurstMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.