Dowling v. State
Mississippi Supreme Court
Error to tbe circuit court of Warren county. Caption of tbe record. “ State of Mississippi. Pleas before, etc., at a circuit court beld in and for Warren county, at tbe court-bouse, on 24tb May, 1845. Be it remembered, that at a circuit court begun, etc., on 21st Oct., 1844, a grand jury of inquest for tbe body of this county was empanelled, viz: John Cl.
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Error to tbe circuit court of Warren county. Caption of tbe record. “ State of Mississippi. Pleas before, etc., at a circuit court beld in and for Warren county, at tbe court-bouse, on 24tb May, 1845. Be it remembered, that at a circuit court begun, etc., on 21st Oct., 1844, a grand jury of inquest for tbe body of this county was empanelled, viz: John Cl. Parham, (and nine others,) of tbe regular venire, which being exhausted, the following persons, by-standers, were summoned by the sheriff, viz: Robt. L. Matthews and Thos. Rigley. The court thereupon appointed John Gr. Parham foreman; said…
1Opinion of the Court
Thacher, J.:
This was an indictment for murder preferred in the "Warren county circuit court, which resulted, upon a trial, in a verdict of manslaughter in the second degree.
The first ground claimed for error is, that the grand jury which found the indictment was composed in part of by-standers, of which ten persons were taken from the regular venire, and it having then become exhausted, two persons were taken from by-standers summoned by the sheriff.
It has been held that objections to the personal qualifications of grand jurors, or to the legality of the returns, cannot affect any indictments…
2Cited by8 opinions
- Shinall v. StateMississippi Supreme Court · 1967
- Lovings v. Norfolk & W. Ry. Co.West Virginia Supreme Court · 1900
- Richardson v. StateMississippi Supreme Court · 2014
- Johnston v. StateMississippi Supreme Court · 1846
- Barney v. StateMississippi Supreme Court · 1872
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