Allen v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chbisman, Judge. The appellant was indicted for murder. When called on to plead he filed the following plea in abatement: “ That part of the grand jury, namely, J. M. N. Sartin and others, that found and returned the indictment against him, were at the time said grand jury was investigating said charge preferred against him, and at the time the indictment was found, drunk from the use of intoxicating liquors, and…
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Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chbisman, Judge. The appellant was indicted for murder. When called on to plead he filed the following plea in abatement: “ That part of the grand jury, namely, J. M. N. Sartin and others, that found and returned the indictment against him, were at the time said grand jury was investigating said charge preferred against him, and at the time the indictment was found, drunk from the use of intoxicating liquors, and while so drunk were present in the grand jury room and participated in the investigation of the charge and finding of the…
1Opinion of the CourtChalmers, J.
It has never been held, here or elsewhere, so far as we can find, that an indictment could be abated or quashed because one or more of the grand jury were intoxicated while it was under consideration by that body. The grand jury is not under the guidance and control of the court, like a petit jury is, while considering of their verdict, and should not be so judged. The plea in abatement was properly demurred to.
The court refused to let counsel for the accused consult with his own witnesses upon the ground that they were under the rule, and for no other reason. . ,
That this was error is…
2Cases cited1 opinion
- White v. StateMississippi Supreme Court · 1876
3Cited by7 opinions
- Skipper v. SchumacherSupreme Court of Florida · 1936
- Blau v. StateMississippi Supreme Court · 1903
- Price v. StateMississippi Supreme Court · 1929
- Shaw v. StateMississippi Supreme Court · 1901
- Reagan Equipment Co. v. Vaughn Gin Co.Mississippi Supreme Court · 1983
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