Legal Opinion

Sam v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 7 opinions

Error to Warren circuit court. Coaltee, J. The plaintiff in error was indicted on the first Monday in April, 1848, at the court-house, in Tallula, in the circuit court of Issaquena county, for the murder of Absalom H. Barrow. At the October term next, the, venue was changed to Warren county.

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Error to Warren circuit court. Coaltee, J. The plaintiff in error was indicted on the first Monday in April, 1848, at the court-house, in Tallula, in the circuit court of Issaquena county, for the murder of Absalom H. Barrow. At the October term next, the, venue was changed to Warren county. At the April term, 1849, of the Warren circuit court, a special venire for fifty jurors was ordered, returnable on Tuesday, the 8th day of the term ; on that day Charles L. Buck, Esq., for and on behalf of the state appeared, and on motion and by consent the plea of not guilty was withdrawn, and the…

1Opinion of the Court

Clayton, J.:

The first question to be noticed in this case arises on the two pleas in abatement of the defendant. The first is, that at the *432term of tbe court at wbicb the bill of indictment was found, tbe court was not held in tbe court-house of Issaquena county. Tbe second is, that Tallula, tbe place at which said court was holden, was not at that time the county seat of the said county. To each of these pleas a demurrer was filed.

The act of 1846 establishes Tallula as the seat of justice of Issaquena county. An act passed in January, 1848, authorizes the board of police of that county “ to…

2Cited by7 opinions

  1. Cotton v. StateMississippi Supreme Court · 1872
  2. Jones v. StateMississippi Supreme Court · 1923
  3. Logan v. StateMississippi Supreme Court · 1874
  4. Lusk v. StateMississippi Supreme Court · 1887
  5. Alfred v. StateMississippi Supreme Court · 1872

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