Head v. State
Mississippi Supreme Court
Error to the circuit court of Lauderdale county. Leacii-man, J. At the August term, 1870, of the circuit court of Lauder-dale county, the prisoner, Head, was jointly indicted as principal, with one Smith as accessory, for the murder of Benjamin Doak.
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Error to the circuit court of Lauderdale county. Leacii-man, J. At the August term, 1870, of the circuit court of Lauder-dale county, the prisoner, Head, was jointly indicted as principal, with one Smith as accessory, for the murder of Benjamin Doak. At the same term prisoner, Head, filed to said indictment his plea in abatement, alleging that the body preferring said indictment did. not constitute a legal grand jury. ,1st. Because they were not selected according to the requirements of the constitution and laws of the state. 2d. Because they -were selected from the freeholders and…
1Opinion of the Court
Simeall, J.:
It is claimed first, that the indictment ought to have been quashed, because the grand jury was not constituted in accordance with the law, to-wit: Art. 1, sec. 13, of the constitution, and the, act of July 20th, 1870, pamphlet, page 88. The combined effect of these provisions is to abolish property qualifications for jury service, and impose the duty on all citizens alike, who are electors, and not within some special exemption. In all other respects, as to the mode of selecting-,' summoning, empaneling-, and preferring objections, the previous laws not abrogated by the…
2Cited by53 opinions
- Flowers v. StateMississippi Supreme Court · 1985
- Hawthorne v. StateMississippi Supreme Court · 1881
- Shinall v. StateMississippi Supreme Court · 1967
- Tillison v. StateSupreme Court of Alabama · 1946
- Smith v. StateSupreme Court of Florida · 1889
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