Mobley v. State
Mississippi Supreme Court
Beror to the circuit court of Lee county. Boohe, J. The record does not show that the plaintiff in error was arraigned before his trial, but that, upon the motion of the district attorney, after his trial, the court permitted the minutes of the court to be so amended as to show that fact. The arraignment must appear in the record at the time of the trial and the trial could not proceed without the record showing an arraignment. Eev.
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Beror to the circuit court of Lee county. Boohe, J. The record does not show that the plaintiff in error was arraigned before his trial, but that, upon the motion of the district attorney, after his trial, the court permitted the minutes of the court to be so amended as to show that fact. The arraignment must appear in the record at the time of the trial and the trial could not proceed without the record showing an arraignment. Eev. Code, 1857, p. 620, art. 298. The record must show that the defendant was in court during the whole of his trial. In this case it nowhere shows that he was there…
1Opinion of the Court
Tarbell, J.:
The plaintiff in error, having been indicted by the grand jury of the county, charging him with an attempt “to commit a rape upon the person of Martha McNutt, a female over the age of ten years,” was tried and convicted. There was a motion for a new trial and in arrest of judgment, both of which were overruled. The indictment was presented at the December term, 1870, and the trial was had in April, 1871. Having brought the case to this court, the following errors are assigned: 1st. The record does not show that the plaintiff in error was arraigned before his trial; 2d. The record…
2Cases cited5 opinions
- Campell v. PeopleNew York Supreme Court · 1832
- Dick v. StateMississippi Supreme Court · 1872
- State v. AndersonSupreme Court of Missouri · 1853
- Server v. StateIndiana Supreme Court · 1826
- Gouglemann v. PeopleNew York Supreme Court · 1855
3Cited by9 opinions
- Love v. StateMississippi Supreme Court · 1951
- Sutton v. PeopleIllinois Supreme Court · 1893
- James v. StateMississippi Supreme Court · 1899
- Nicholas v. StateCourt of Appeals of Texas · 1887
- Bonner v. StateMississippi Supreme Court · 1887
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