Gillum v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. ■ In March, 1883, Frederick Gillum was indicted, together with his brothers, Harry Gillum and Thomas Gillum, upon the charge of having murdered Holing Madison Suggs on the 27th of October, 1882. He was arrested and plead “ not guilty.” ■ A special venire facias was issued for a jury to try the charge against Frederick Gillum, and when the writ had been returned he moved to quash the return thereon…
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Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. ■ In March, 1883, Frederick Gillum was indicted, together with his brothers, Harry Gillum and Thomas Gillum, upon the charge of having murdered Holing Madison Suggs on the 27th of October, 1882. He was arrested and plead “ not guilty.” ■ A special venire facias was issued for a jury to try the charge against Frederick Gillum, and when the writ had been returned he moved to quash the return thereon upon grounds which are sufficiently indicated in the opinion of the court disposing of the same. The motion to quash was…
1Opinion of the CourtCooper, J.
The court properly overruled the motion to quash the return to the writ of venire facias, and properly refused the motion for an alias writ for those of the jurors who had not been summoned. It is not necessary that the persons named in a special venire facias shall be summoned by an officer holding the writ in his hands, nor that the deputies shall be formally appointed in writing by the sheriff. It is sufficient to show that the jurors have been notified to appear by some person professing to act for the sheriff. And if it appears that the persons so acting have made diligent efforts to…
2Cited by6 opinions
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