State v. Coulter
Mississippi Supreme Court
Appeal from the circuit court of Jefferson Davis county- Hon. A. E. Weatherby, Judge. Louis Coulter was indicted for embezzlement. From a •judgment quashing the indictment, the state appeals. The facts are fully stated in the opinion of the court. There are two questions presented in the case by the quashing of the indictment.
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Appeal from the circuit court of Jefferson Davis county- Hon. A. E. Weatherby, Judge. Louis Coulter was indicted for embezzlement. From a •judgment quashing the indictment, the state appeals. The facts are fully stated in the opinion of the court. There are two questions presented in the case by the quashing of the indictment. They are, first, whether the absence of the foreman from the grand jury room in the investigation of this case by the grand jury, and the finding of this true bill would vitiate the indictment in the case. Second, whether the presence of Mr. Livingston, who was the…
1Opinion of the CourtSeed, J.
Louis Coulter was indicted for embezzling the funds of the Bank of Carson. ■ He was cashier of that bank. H. R. Holloway, foreman of the grand jury returning the indictment, was the president of the bank. While the grand jury was hearing the testimony, upon the consideration of the case, Mr. Holloway, foreman, was excused from deliberating and taking a part in the finding of the indictment. This is assigned as an. error.
It appears that the grand jury was properly impaneled, which includes the appointment of a foreman, the administration of the oath to him, and the administration of the same…
2Cited by4 opinions
- Temple v. StateMississippi Supreme Court · 1933
- Le Barron v. StateMississippi Supreme Court · 1914
- Richardson v. StateSupreme Court of Florida · 1916
- Price v. StateMississippi Supreme Court · 1929