Jackson v. State
Mississippi Supreme Court
Error to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The plaintiff in error was indicted for murder. The indorsements on the indictment were not made by the clerk of the court nor a deputy, but by a person acting under the directions and in the presence of the clerk. A special venire was issued, but only six of those named in the writ were summoned, and only a few of them appeared at the trial.
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Error to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The plaintiff in error was indicted for murder. The indorsements on the indictment were not made by the clerk of the court nor a deputy, but by a person acting under the directions and in the presence of the clerk. A special venire was issued, but only six of those named in the writ were summoned, and only a few of them appeared at the trial. On the trial the accused offered to prove that, ‘ ‘ some two weeks before the difficulty,!’ the deceased, in his presence, had threatened to kill him. The court refused to admit such…
1Opinion of the CourtCampbell, J.
No objection was made in the Circuit Court to proceeding with the trial, because a small number of tho'se for whom the special venire was issued had been summoned, and no notice can be taken of it here.
There is no error in the rulings of the Circuit Court upon the evidence offered, nor in the instructions, nor in overruling the motion for a new trial.
The fact that the entries required by law to be made on an indictment were not made by the hand of the clerk, but by another, in his presence and by his direction, made no difference. Gamble v. Trahen, 3 How. 32.
Judgment affirmed.
2Cases cited1 opinion
- Barry v. GambleSupreme Court of the United States · 1845
3Cited by4 opinions
- Thomas v. StateMississippi Supreme Court · 1987
- Gaskin v. StateMississippi Supreme Court · 2004
- Shelby v. BurnsMississippi Supreme Court · 1929
- William Lewis Gaskin v. State of MississippiMississippi Supreme Court · 2001