Garvin v. State
Mississippi Supreme Court
Error to tbe Circuit Court of Golfax County. Hon. J. A. Orr, Judge. The facts in this case are sufficiently stated in the opinion of "the court.
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Error to tbe Circuit Court of Golfax County. Hon. J. A. Orr, Judge. The facts in this case are sufficiently stated in the opinion of "the court. The assignment of error is substantially as follows : 1. The court erred in withdrawing the case from the jury. 2. In allowing the indictment amended. 3. In the action shown by 2d bill of exceptions. 4. Same set out in 3d bill of exceptions. 5. In forcing defendant to trial on amended indictment. 6. In not discharging defendant. 7. In the action set out in 4th bill of exceptions. 8. In permitting amendment after the close of the testimony. 9. In not…
1Opinion of the CourtChalmers, J.
There is nothing in the objection that the indictment was-amended by the grand jury, at the first term, by inserting the word “ dollars ” alter the words “thirty-five.” It is expressly authorized by Code, § 2794.
Nor is it perceived how the fact that the grand jury came into open court and made said amendment in the presence of the court and petit jury could have prejudiced the prisoner *209with the latter, as is argued by counsel. Neither is there any force in the position that the arraignment on the indictment, before amendment, constituted such a putting in jeopardy as to bar a prosecution…
2Cases cited1 opinion
- McGuire v. StateMississippi Supreme Court · 1872
3Cited by25 opinions
- State v. RuckSupreme Court of Missouri · 1906
- State v. GartrellMissouri Court of Appeals · 1903
- United States v. Hung ChangCourt of Appeals for the Sixth Circuit · 1904
- Kelly v. StateSupreme Court of Alabama · 1901
- People v. SallowNew York Court of General Session of the Peace · 1917
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