Legal Opinion

State v. Boyd

Mississippi Supreme Court

Decided October 15, 1915PublishedCited by 7 opinions

Appeal from the circuit court of Attala county. Hon. J. A. Teat, Judge. Gordon Boyd sued out a writ of habeas corpus against the state to secure his release from custody after conviction of a felony. From an order discharging him, the state appeals.

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Appeal from the circuit court of Attala county. Hon. J. A. Teat, Judge. Gordon Boyd sued out a writ of habeas corpus against the state to secure his release from custody after conviction of a felony. From an order discharging him, the state appeals. The two questions presented to this court on this record for decision, are first, whether or not the verdict of the jury rendered as shown in the record, in the absence of the trial judge, was a valid verdict, and second whether or not the trial judge had jurisdiction to entertain a writ of habeas corpus and discharge the accused from custody. I…

1Opinion of the CourtHolden, J.

This is an appeal by the state from a judgment of the circuit judge of Attala county releasing the appellee, Gordon Boyd, from custody on conviction of a felony; the action being instituted by a writ of habeas corpus sued out by appellee. The history af the proceedings in the court below is, briefly, as follows:

Appellee was tried at the September, 1913, term of the circuit court of Attala county for assault and battery with intent to kill and murder, and was convicted by the jury. It seems that, while thé circuit judge was away from the courtroom, the jury returned their verdict to the…

2Cases cited3 opinions

  1. Scott v. StateMississippi Supreme Court · 1892
  2. Ex parte GrubbsMississippi Supreme Court · 1901
  3. Murrah v. StateMississippi Supreme Court · 1875

3Cited by7 opinions

  1. Clyde Harvey v. State of MississippiCourt of Appeals for the Fifth Circuit · 1965
  2. Rogers v. JonesMississippi Supreme Court · 1961
  3. Kelly v. DouglasMississippi Supreme Court · 1932
  4. McLemore v. LoveMississippi Supreme Court · 1944
  5. Krohn v. MiguesMississippi Supreme Court · 1973

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