Chase v. State
Mississippi Supreme Court
Error to the circuit court of Issaquena county. Shack-leford, J. The record shows that the defendant in the court below, by leave of court, filed two pleas in abatement to the indictment upon which it is alleged, in the minutes of the court, that the district attorney joined issue ; but there are no replications filed and nothing to show what the issue was.
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Error to the circuit court of Issaquena county. Shack-leford, J. The record shows that the defendant in the court below, by leave of court, filed two pleas in abatement to the indictment upon which it is alleged, in the minutes of the court, that the district attorney joined issue ; but there are no replications filed and nothing to show what the issue was. There was but one way to join issue, and that was by filing replications to the pleas, which was not done, and tjiose pleas stand now not disputed on the record. It is true,dhe defendant afterward entered a plea of not guilty, but this he…
1Opinion of the Court
Takbehl, J. :
The plaintiff in error was indicted at the November term, 1867, of the Issaquena county circuit court, for the murder of Amos Estelin. He was tried and convicted of manslaughter at the July term, 1871, and sentenced to confinement in the penitentiary for twelve years, from July 18, 1871. The case having been brought to this court, numerous errors are assigned, as follows: 1st. Disposing of pleas in abatement without replications ; 2d. In disposing of said pleas without trial by jury ; 3d. Overruling the said pleas and holding the accused to answer; 4th. Overruling the objection…
2Cases cited30 opinions
- Monroe v. StateSupreme Court of Georgia · 1848
- Campbell v. PeopleIllinois Supreme Court · 1854
- Oliver v. StateSupreme Court of Alabama · 1850
- Pitts v. StateMississippi Supreme Court · 1871
- Dupree v. StateSupreme Court of Alabama · 1859
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3Cited by13 opinions
- Harveston v. StateMississippi Supreme Court · 1986
- Mulligan v. PeopleSupreme Court of Colorado · 1920
- Shinall v. StateMississippi Supreme Court · 1967
- State v. PotterSupreme Court of Kansas · 1874
- Woodward v. StateSupreme Court of Florida · 1894
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