Legal Opinion

Bell v. State

Mississippi Supreme Court

Decided March 15, 1918PublishedCited by 6 opinions

Appeal from the circuit court of Bolivar county. Hon. W. A. Alcorn, Judge. Carter Bell Jr., was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Bolivar county. Hon. W. A. Alcorn, Judge. Carter Bell Jr., was convicted of murder and appeals. The facts are fully stated in the opinion of the court. Sestion 455 of Hemingway’s Code provides for the holding of circuit court in the second district of Bolivar county on the first Monday in April, twenty-four days, and the second Monday in November, thirty-six days, at which, during the first half of each term, a grand jury shall he impaneled, and during the first days of the November term only civil business shall be transacted and the last twelve days only…

1Opinion of the CourtSmith, C. J.

This is an appeal from a conviction of murder followed by a sentence to life imprisonment. Appellant filed a plea in abatement of the indictment, setting forth:

*152That the grand jury by which the indictment was returned “was an illegal body and one not authorized by law, in this, that the November term1, 1917, of the circuit court was the second term of the calender year 1917, at which term of said court no grand jury was authorized by law to be impaneled without a previous order of the court ordering the drawing and impaneling of the grand jury. That no previous order of the court was made or…

2Cases cited5 opinions

  1. Board of Trustees of University v. WaughMississippi Supreme Court · 1913
  2. Mayor of Jackson v. StateMississippi Supreme Court · 1912
  3. Lang v. Board of SupervisorsMississippi Supreme Court · 1917
  4. State v. PhillipsMississippi Supreme Court · 1915
  5. Hayes v. StateMississippi Supreme Court · 1908

3Cited by6 opinions

  1. Oates v. StateMississippi Supreme Court · 1982
  2. Pickle v. StateMississippi Supreme Court · 1977
  3. Earnest v. StateMississippi Supreme Court · 1959
  4. Gully v. HoladayMississippi Supreme Court · 1933
  5. Gully v. Lumbermen's Mut. Casualty Co.Mississippi Supreme Court · 1936

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