Hammond v. State
Mississippi Supreme Court
From the circuit court, first district, of Panola county. Cephas Hammond was indicted by the grand jury of the first district of Panola county, in March, 1896, for the murder of his stepson, an infant about two years of age. The indictment was adjudged defective and a second one was found.
Read the full summary
From the circuit court, first district, of Panola county. Cephas Hammond was indicted by the grand jury of the first district of Panola county, in March, 1896, for the murder of his stepson, an infant about two years of age. The indictment was adjudged defective and a second one was found. The defendant moved the court to quash the second indictment, because his wife, the mother of the child, had testified to material facts against him before the grand jury and the indictment was found upon her testimony. On the hearing of the motion several members of the grand jury were introduced as…
1Opinion of the CourtWhiteield, J.
On the appeal of the state the question is presented as to the propriety of the action of the court in quashing the'second indictment (No. 986 in the record) on the ground that the wife of the accused testified to material matters before the grand jury. And first we remark that the rule declared in this state that no inquiry can be entertained the object of which is to show that the indictment was found without the examination of any sworn witnesses (Smith & Covin v. State, 61 Miss., 754) would, in principle, exclude the inquiry here propounded. Four of the cases cited in Smith & Cavin v.…
2Cases cited3 opinions
- Creek v. StateIndiana Supreme Court · 1865
- Coleman v. StateMississippi Supreme Court · 1882
- Smith v. StateMississippi Supreme Court · 1884
3Cited by14 opinions
- Lipscomb v. StateMississippi Supreme Court · 1897
- In Re KennedyCalifornia Supreme Court · 1904
- D'Antoni v. AlbrittonMississippi Supreme Court · 1930
- Blowe v. StateMississippi Supreme Court · 1922
- State v. CoatesSupreme Court of North Carolina · 1902
9 more not listed; retrieve them via the Exa API.