Smith v. Mississippi
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MISSISSIPPI. . The plaintiff in error, Charley Smith, was chaiged by indictment in the Circuit Court of Bolivar county, Mississippi, with having, on the 14th day of May, 1894, in that county, wilfully, feloniously and of malice aforethought killed and murdered one Wiley Nesby. Before arraignment the accused moved, upon grounds stated in writing, to quash the indictment.
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ERROR TO THE SUPREME COURT OF THE STATE OF MISSISSIPPI. . The plaintiff in error, Charley Smith, was chaiged by indictment in the Circuit Court of Bolivar county, Mississippi, with having, on the 14th day of May, 1894, in that county, wilfully, feloniously and of malice aforethought killed and murdered one Wiley Nesby. Before arraignment the accused moved, upon grounds stated in writing, to quash the indictment. One of those grounds was that the grand jurors who presented the indictment were not impartial, “ as guaranteed by the constitution of the State aforesaid and of the United States, of…
1Opinion of the Court
Mb. Justice Harlan,
after stating the case, delivered tlie opinion of the court.
1. For the reasons stated in the opinion of the court in Gibson v. Mississippi, ante, 565, just decided, it must be adjudged that the petition of the accused for the removal of the prosecution into the Circuit Court of the United States was properly denied. Neither the constitution nor the laws of Mississippi, by their language reasonably interpreted, or as interpreted by- the highest court of the State, show that the accused was denied or could not enforce in the judicial tribunals of the State, or in the part of…
2Cases cited1 opinion
- Neal v. DelawareSupreme Court of the United States · 1881
3Cited by75 opinions
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- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- Georgia v. RachelSupreme Court of the United States · 1966
- Carter v. Jury Comm'n of Greene Cty.Supreme Court of the United States · 1970
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