Kyzar v. State
Mississippi Supreme Court
Appeal from circuit court of Lincoln county. Hon. D. M. Miller, Judge. Tom Kyzar was convicted of manufacturing intoxicating liquors, and be appeals. A regular term of the circuit court of Lincoln county, was begun and held on the 6th day of September, A. D., 1920, and a grand jury of twenty good and lawful men were impaneled, and on a day prior to the 15th day of September, A. D. .1920, said grand jury made its final report to the court and was finally discharged.
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Appeal from circuit court of Lincoln county. Hon. D. M. Miller, Judge. Tom Kyzar was convicted of manufacturing intoxicating liquors, and be appeals. A regular term of the circuit court of Lincoln county, was begun and held on the 6th day of September, A. D., 1920, and a grand jury of twenty good and lawful men were impaneled, and on a day prior to the 15th day of September, A. D. .1920, said grand jury made its final report to the court and was finally discharged. That the court attempted to reassemble said grand jury for the 15th of said month but no process for the reassembling of said…
1Opinion of the CourtW. H. Cook, J.
Appellant, Tom Kyzar, was indicted by the grand jury of Lincoln county for the manufacture of intoxicating liquors, and was convicted and sentenced to imprisonment in the penitentiary for one year, from which verdict and sentence he prosecutes this appeal.
Appellant filed a motion to quash the indictment against him, .alleging as the grounds of the motion that the grand jury had no authority or power to return the indictment; that the grand jury had been finally discharged by the court before the indictment was found; that the entire grand jury was not summoned to reassemble on the 15th day of…
2Cases cited4 opinions
- Smith v. StateMississippi Supreme Court · 1884
- Hammond v. StateMississippi Supreme Court · 1896
- Hayes v. StateMississippi Supreme Court · 1908
- New Orleans Terminal Co. v. LucknerSupreme Court of Louisiana · 1920
3Cited by6 opinions
- Pickle v. StateMississippi Supreme Court · 1977
- Blowe v. StateMississippi Supreme Court · 1922
- State v. MatthewsMississippi Supreme Court · 1969
- Price v. StateMississippi Supreme Court · 1929
- Earnest v. StateMississippi Supreme Court · 1959
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