Washington v. State
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Washington, the appellant, was defendant in the court below. He was indicted for an assault and battery with intent to kill and murder. The facts upon which the decision rests are fully stated in the opinion of the court. The defendant was convicted in the court below and sentenced to the penitentiary for a term of five years. From the conviction and sentence he appealed to the supreme court.
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From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Washington, the appellant, was defendant in the court below. He was indicted for an assault and battery with intent to kill and murder. The facts upon which the decision rests are fully stated in the opinion of the court. The defendant was convicted in the court below and sentenced to the penitentiary for a term of five years. From the conviction and sentence he appealed to the supreme court. By § 1316, code of 1892, the indictment is brought into existence by the contemporaneous presentation in court by the grand jury and…
1Opinion of the CourtCalhoon, J.
The indictment was duly presented by the grand jury into open court, May 11, 1900, and duly entered by the clerk by its number, but he omitted to mark it, “Filed.” The defendant was arraigned on it, pleaded not guilty, and the trial proceeded, on the sixteenth day of the- same month, to the point when counsel for defendant was making his last argument to the jury. Then the district attorney, for the first time, saw the omission, and had the clerk mark the paper filed as of the eleventh, the day of presentment. No objection was made until after conviction and sentence, when it was made on a…
2Cases cited1 opinion
- Stanford v. StateMississippi Supreme Court · 1898
3Cited by2 opinions
- Jones v. StateMississippi Supreme Court · 1978
- Fairley v. StateMississippi Supreme Court · 1931