Kirby v. State
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Patrick Henry, Judge. Kirby, the appellant, was indicted for murder, the indictment against him being' statutory in form. It was found at the December term of the court, 1899, and was drawn by the Hon. Patrick Henry, then district attorney of the circuit court district embracing Warren county.
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From the circuit court of Warren county. Hon. Patrick Henry, Judge. Kirby, the appellant, was indicted for murder, the indictment against him being' statutory in form. It was found at the December term of the court, 1899, and was drawn by the Hon. Patrick Henry, then district attorney of the circuit court district embracing Warren county. The case came on for trial at the March term of the court, 1900. The Hon. Patrick Henry ceased to be district attorney, and was appointed judge of the circuit-court between the December, 1899, and the March, 1900, terms of the court. The defendant objected…
1Opinion of the CourtCalhoon, J.
This case is presented for appellant with marked ability by counsel appointed by the court, who deserves all credit for hisunremunerated services and laborious and intelligent research, on account of which we regret we cannot concur with him. The accused had every possible point made for him in the court, below and here. Code 1892, § 919, prohibits a judge to preside where he is of kin to any party to the cause, or interested in it, or ‘ ‘ wherein he may have been of counsel. ’ ’ Does the word ‘ ‘ counsel ’ ’ include a district attorney who has had no^ further interest in the case than simply…
2Cited by8 opinions
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- Smith v. StateMississippi Supreme Court · 1951
- Gandía v. StubbeSupreme Court of Puerto Rico · 1921
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