Kirk v. State
Mississippi Supreme Court
Error to Panola circuit court. Kogers, J. The facts of the case will be found in the opinion of the court. Insisted that there were fatal defects in the record, which he pointed out; and among others, no prosecutor is marked on the indictment.
1Opinion of the Court
Clayton, J.:
This was an indictment in the circuit court of Panola, for negro stealing. Upon the trial, the defendant was found guilty, and sentenced to confinement in the penitentiary for ten years., A motion was made for a new trial, which was overruled, and the case thence comes to this court.
One only, of the errors assigned, is sufficient to reverse the judgment. There is no prosecutor marked upon the indictment. *481According to several decisions of this court, that is a fatal objection. Moore v. The State, ante, 259.
The only question as to this was, whether, in a case in which the writ of…
2Cases cited1 opinion
- Aldridge v. WilliamsSupreme Court of the United States · 1844
3Cited by2 opinions
- Jesse v. StateMississippi Supreme Court · 1854
- Jeese v. StateMississippi Supreme Court · 1872