Legal Opinion

Hayes v. State

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 7 opinions

Erom tbe circuit court of, first district, Hinds county. ITon. Wiley H. Potter, Judge. Haynes, Jonas Mixon, and another, appellants, were in•dicted, tried and convicted of burglary and appealed to tbe supreme court. Tbe facts touching tbe only question in tbe case ■are fully stated in tbe opinion of tbe court.

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Erom tbe circuit court of, first district, Hinds county. ITon. Wiley H. Potter, Judge. Haynes, Jonas Mixon, and another, appellants, were in•dicted, tried and convicted of burglary and appealed to tbe supreme court. Tbe facts touching tbe only question in tbe case ■are fully stated in tbe opinion of tbe court. Tbe only question presented by tbe record in this case is whether or not tbe indictment against defendant is a valid indictment, or putting tbe question another way, whether or not tbe grand jury who found this bill of indictment was a legally constituted body. The precise question is…

1Opinion of the CourtWhitfield, C. J.

The appeal in this case was dismissed as to all the defendants except Jonas Mixon.

The facts in this case are as follows i On the first Monday of March, 1908, the 2d day of March, the court was duly convened and the grand jury duly impaneled and’continued in regular daily session till March 17th, when they returned into court a report purporting to be a final report and asking for their discharge. Whereupon the court verbally from the bench discharged them, and thereupon they drew their pay and dispersed. Afterwards several serious crimes took place in that judicial district of the county, and…

2Cases cited3 opinions

  1. State v. ReidSupreme Court of Iowa · 1866
  2. Newman v. StateTexas Supreme Court · 1875
  3. Wilson v. StateTexas Supreme Court · 1869

3Cited by7 opinions

  1. Pickle v. StateMississippi Supreme Court · 1977
  2. Green v. StateSupreme Court of Florida · 1910
  3. Walton v. StateMississippi Supreme Court · 1927
  4. Bell v. StateMississippi Supreme Court · 1918
  5. Kyzar v. StateMississippi Supreme Court · 1921

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