Smithey v. State
Mississippi Supreme Court
!From the circuit court of Union county. Eon. William A. Soane, Judge. Smithey, appellant, was indicted, tried, and convicted in the circuit court, for unlawful cohabitation, and appealed to the supreme court. The opinion of the court states the facts.
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!From the circuit court of Union county. Eon. William A. Soane, Judge. Smithey, appellant, was indicted, tried, and convicted in the circuit court, for unlawful cohabitation, and appealed to the supreme court. The opinion of the court states the facts. The several courts of this state acquire jurisdiction of given crimes by virtue of law, and of the person of the offender by having him arrested under a warrant issued from such court, or by the personal appearance of the defendant. In order to finally dispose of any case the court must have jurisdiction of both. the= crime charged and the…
1Opinion of the CourtMayes, J.
At the July term, 1906, of the circuit court Washington Smithey was indicted for unlawfully cohabitating with Susan Bussell. The indictment was returned and filed on July 27, 1906. At the January term, 1907, the case came on to be heard, and Smithey pleaded a former conviction of the same offense before a justice of the peace of the proper district. A written agreement is filed with the record, whereby it is agreed “that on the 7th day of August, 1906, and after the indictment had been returned against Smithey, and before his arrest, the defendant was charged on an affidavit before W. J.…
2Cases cited2 opinions
- State v. . TisdaleSupreme Court of North Carolina · 1836
- State v. . SpellerSupreme Court of North Carolina · 1884
3Cited by15 opinions
- King v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- State v. ThornhillMississippi Supreme Court · 1965
- Wells v. StateMississippi Supreme Court · 1974
- Simmons v. StateMississippi Supreme Court · 1990
- Rodgers v. StateMississippi Supreme Court · 1912
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