Legal Opinion

Collier v. State

Mississippi Supreme Court

Decided March 15, 1913PublishedCited by 12 opinions

Appeal from the circuit court of Leake county. Hon. C. L. Hobbs, Judge. Shuge Collier was indicted for murder. From a judgment overruling his motion to quash the indictment, he appeals. The facts are fully stated in the opinion of the court. The motion to quash the indictment in the above styled case certainly should have been sustained.

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Appeal from the circuit court of Leake county. Hon. C. L. Hobbs, Judge. Shuge Collier was indicted for murder. From a judgment overruling his motion to quash the indictment, he appeals. The facts are fully stated in the opinion of the court. The motion to quash the indictment in the above styled case certainly should have been sustained. Constitution of Mississippi of 1890, sec. 27; Code 1906, secs. 1427, 2710; Burr v. State, 53 Miss. 425; Welch v. State, 68 Miss. 341; Wilson v. State, 70 Miss. 595; Blau v. State, 82 Miss. 514; Fuller v. State, 85 Miss. 199; State v. Mitchel, 48 So. 963;…

1Opinion of the CourtNeed, J.

A motion was made to quash the indictment for murder against appellant, for the reason that a private prosecuting attorney, not having been summoned in the case, was permitted to go before the grand jury and influence them while they were deliberating on the charge against appellant. This appeal is taken from the action of the trial court in overruling the motion.

"We believe that there was sufficient testimony to support the averments of the motion. It is shown in the testimony taken upon the hearing of the motion that the attorney stood for thirty or forty minutes and addressed the jury and…

2Cases cited4 opinions

  1. Wilson v. StateMississippi Supreme Court · 1893
  2. Welch v. StateMississippi Supreme Court · 1890
  3. State v. BarnettMississippi Supreme Court · 1910
  4. Herrington v. StateMississippi Supreme Court · 1910

3Cited by12 opinions

  1. Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1919
  2. State v. HillNew Mexico Court of Appeals · 1975
  3. Hammers v. StateCourt of Criminal Appeals of Oklahoma · 1959
  4. Hood v. StateMississippi Supreme Court · 1988
  5. State v. MatthewsMississippi Supreme Court · 1969

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