Legal Opinion · Dissent

McBride v. State

Mississippi Supreme Court

Decided May 12, 2011No. 2008-CT-01347-SCTPublished

1DissentDickinson, Presiding Justice

[Out constitutional] safeguards [are] the result of the tuisdom of centuries of experience, [and they] must be, by the courts, sacredly upheld, as well in [the] case of the guiltiest as of the most innocent defendant answering at the bar of his country.3

¶ 55. Whatever differences I may have with the majority, we surely agree on at least three things: (i) Only a grand jury may indict an accused; (ii) the grand jury-must indict for particular conduct it believes constituted a particular crime; and (iii) absent the accused’s consent otherwise, the State may seek a conviction for that crime, and…

2Cases cited25 opinions

  1. Smith v. StateMississippi Supreme Court · 1989
  2. City of Natchez, Miss. v. SullivanMississippi Supreme Court · 1992
  3. Lambert v. StateMississippi Supreme Court · 1984
  4. Folk v. StateMississippi Supreme Court · 1991
  5. Buckel v. ChaneyMississippi Supreme Court · 2010

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