Legal Opinion

Hurt v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 37 opinions

Error to Hinds circuit court. BaRNEtt, J. The plaintiff in error, John Hurt, was indicted in the circuit court of Hinds county, to which indictment several pleas in abatement were filed by defendant (Hurt), alleging the illegal organization of the grand jury which found the indictment, because some of tlie said jurymen who found the bill of indictment were summoned from the bystanders and were not of the regular venire.

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Error to Hinds circuit court. BaRNEtt, J. The plaintiff in error, John Hurt, was indicted in the circuit court of Hinds county, to which indictment several pleas in abatement were filed by defendant (Hurt), alleging the illegal organization of the grand jury which found the indictment, because some of tlie said jurymen who found the bill of indictment were summoned from the bystanders and were not of the regular venire. All of these pleas were demurred to by the state, and the demurrers sustained. Hurt was tried at the March term, 1853, of said court, on the plea of not guilty, and he was…

1Opinion of the Court

Fishee, J.:

The plaintiff in error was indicted at the March term, 1851, of the circuit court of Hinds county, for murder. He appeared at the same term of the court and filed certain pleas in abatement, alleging the illegal organization of the grand jury to the indictment; to which pleas the district attorney demurred, which *647demurrer was sustained by the court. The prisoner afterwards having pleaded not guilty, was put upon his trial, at the March term, 1853, of said court, and was by the jury found guilty of manslaughter in the third degree. From the judgment rendered upon this verdict, he…

2Cited by37 opinions

  1. Clem v. StateIndiana Supreme Court · 1873
  2. Brennan v. PeopleIllinois Supreme Court · 1854
  3. People v. GilmoreCalifornia Supreme Court · 1854
  4. Moore v. StateSupreme Court of Alabama · 1882
  5. State v. McCordSupreme Court of Kansas · 1871

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