Hays v. State
Mississippi Supreme Court
NuoM the circuit court of Simpson county. HoN. Robert L. Bulaabd, Judge. Hays, appellant, was tried and convicted of murder. After •conviction he moved in arrest of judgment on the ground that the record failed to show that the grand jury, which found the indictment, was sworn and acted under oath. The court below ■overruled the motion and sentenced defendant to the penitentiary for life.
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NuoM the circuit court of Simpson county. HoN. Robert L. Bulaabd, Judge. Hays, appellant, was tried and convicted of murder. After •conviction he moved in arrest of judgment on the ground that the record failed to show that the grand jury, which found the indictment, was sworn and acted under oath. The court below ■overruled the motion and sentenced defendant to the penitentiary for life. The defendant appealed to the supreme court 'The facts pertinent to the question decided are fully stated in The opinions of the court. Tbe first opinion announced a reversal of tbe judgment appealed from;…
1Opinion of the Court
SMITH, J.,
delivered tbe first opinion of tbe court;"tbe one afterwards vacated.
Appellant was convicted of murder in tbe court below, sentenced to life imprisonment in tbe .penitentiary, and appeals to this court.
After verdict, a motion in arrest of judgment was made on tbe ground that tbe grand jury which found tbe indictment on which be was tried was not sworn. Tbe minutes of theN court at which tbe indictment was found contain no statement showing that tbe grand jury was sworn. It has long since been settled in this state that a grand jury must in fact be sworn before it is legally…
2Cases cited6 opinions
- Aldridge v. WilliamsSupreme Court of the United States · 1844
- Ex parte PhillipsMississippi Supreme Court · 1879
- Abram v. StateMississippi Supreme Court · 1872
- Arbuckle v. StateMississippi Supreme Court · 1902
- Spivey v. StateMississippi Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Boroum v. StateMississippi Supreme Court · 1913
- Hill v. StateMississippi Supreme Court · 1916
- Brown v. StateMississippi Supreme Court · 1935
- Marley v. StateMississippi Supreme Court · 1915
- Wooten v. StateMississippi Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.