Swinney v. State
Mississippi Supreme Court
Error to Copiah circuit court. Willis, J. This was an indictment in the court below, found by the grand jury of Copiah county, at the November term, 1846, against Joel Swinney.
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Error to Copiah circuit court. Willis, J. This was an indictment in the court below, found by the grand jury of Copiah county, at the November term, 1846, against Joel Swinney. At the same term of the court the prisoner was arraigned, and plead not guilty, and issue joined thereupon he was tried, and the jury returned the following verdict: “We, the jury, find the said defendant, Joel Swinney, guilty, and that he did feloniously take, steal and carry away the saddle in the indictment mentioned, in manner and form as charged in said bill of indictment; and we do assess the value of said saddle…
1Opinion of the CourtThacher, J.
The three errors first assigned, to wit: that the record does not show from what county the grand jury were taken, nor of what number of jurors it consisted, nor that the grand jury were sworn by the court, do not seem, from an inspection of the record, to be well taken in point of fact. Those facts are found in the statement of the proceedings prior to the finding of the indictment, the whole of which statement comprises the caption.
The remaining error assigned is, that the verdict of the petit jury finds only part of the issue submitted to them, and is so defective that no judgment can…
2Cases cited3 opinions
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- Durham v. StateIndiana Supreme Court · 1819
- State v. ColemanSupreme Court of Alabama · 1841
3Cited by4 opinions
- Wilderman v. SanduskyIllinois Supreme Court · 1853
- Murphy v. StateMississippi Supreme Court · 1872
- Cornelius v. StateCourt of Criminal Appeals of Texas · 1908
- Mulligan v. StateMississippi Supreme Court · 1872