Cachute v. State
Mississippi Supreme Court
Error to the circuit court of Harrison county. Hon. Robert Leachman, Judge. The plaintiff in error was indicted at the April term, 1869, of court below for an assault upon one Sandy Woods with intent to kill. At the Jollowing October term he was tried and convicted of assault and battery.
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Error to the circuit court of Harrison county. Hon. Robert Leachman, Judge. The plaintiff in error was indicted at the April term, 1869, of court below for an assault upon one Sandy Woods with intent to kill. At the Jollowing October term he was tried and convicted of assault and battery. The testimony in substance is as follows : Woods had threatened on several occasions, for some real or pretended offense or indignity imposed on him by the accused, to ¿hoot him, and these threats were communicated prior to the alleged assault to the accused. The assault was made in a public street, in the…
1Opinion of the CourtSimrall, J.
It is assigned for error first, that the record does not show that *169the bid of indictment was presented to the court in the manner required by the statute.
All prosecutions must be conducted in the name and by the authority of the state. The appointed mode to bring offenders against the law to trial in the circuit courts is, to make a specific charge against them, in an indictment preferred by a grand jury, and by it, returned into court.
It becomes important, therefore, to prevent fraud and imposition upon the court, in the initiation of prosecutions without proper authority, that the records…
2Cited by4 opinions
- Williams v. StateMississippi Supreme Court · 1949
- McCormick v. StateMississippi Supreme Court · 1979
- Stewart v. StateMississippi Supreme Court · 1979
- Arbuckle v. StateMississippi Supreme Court · 1902