State v. Bacon
Mississippi Supreme Court
From the circuit court, second district, of Carroll county. HoN. William F. SteveNs, Judge. William Bacon, tbe appellee, was indicted for manslaughter.
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From the circuit court, second district, of Carroll county. HoN. William F. SteveNs, Judge. William Bacon, tbe appellee, was indicted for manslaughter. He moved to quasb the indictment, basing the motion on two grounds: (1) That the bailiff of the grand jury was improperly in the grand jury room during the deliberations upon the indictment; and (2) that a person, who' was not a member of the grand jury, not a witness in the case for any purpose, not subpeenaed before the grand jury, and had no knowledge of any of the facts or circumstances of the homicide, and not related in any manner…
1Opinion of the CourtWmTTTET.D, J.
After careful consideration of the testimony in this record, we are constrained to hold that the action of the circuit judge in quashing the indictment was incorrect. The proof clearly shows that the bailiff exerted no influence on the grand jury. Green v. State. 59 Miss., 505, states the true rule on this point.
The facts as to the intruder’s conduct fall far short of showing an exertion of improper influence measuring up to that shown in Wilson v. State, 70 Miss., 595 (13 So. Rep., 225). The intruder did not act as district attorney, did not have the witnesses summoned for the state, and did…
2Cases cited6 opinions
- Wilson v. StateMississippi Supreme Court · 1893
- Green v. StateMississippi Supreme Court · 1882
- State v. JollyMississippi Supreme Court · 1895
- State v. JonesMississippi Supreme Court · 1894
- State v. GillisMississippi Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. BarberIdaho Supreme Court · 1907
- Rush v. StateSupreme Court of Alabama · 1950
- Hood v. StateMississippi Supreme Court · 1988
- Sanders v. StateMississippi Supreme Court · 1945
8 more not listed; retrieve them via the Exa API.