Legal Opinion

Jefferson v. State

Mississippi Supreme Court

Decided July 1, 1876PublishedCited by 4 opinions

Ereor to tbe Circuit Court of Tate County. Hon. E. S. Fisher, Judge. A statement of tbe case necessary to a full understanding of all tbe points decided will be found in tbe opinion of tbe court, and also tbe assignments of error. Tbe indictment should be signed by tbe district attorney,, and not by the grand jury. Tbe foreman of tbe grand jury indorses on it, “a true bill,-, foreman of tbe grand jury.” This is tbe only evidence that it is a true bill.

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Ereor to tbe Circuit Court of Tate County. Hon. E. S. Fisher, Judge. A statement of tbe case necessary to a full understanding of all tbe points decided will be found in tbe opinion of tbe court, and also tbe assignments of error. Tbe indictment should be signed by tbe district attorney,, and not by the grand jury. Tbe foreman of tbe grand jury indorses on it, “a true bill,-, foreman of tbe grand jury.” This is tbe only evidence that it is a true bill. The-provisions of tbe Code of 1857, p. 614, art. 254, are omitted in tbe Code of 1871. See p. 604. In this case tbe grand jury have not…

1Opinion of the CourtTarbell, J.

The plaintiff in error was indicted, tried, and convicted of the crime of murder, and by the jury sentenced to the penitentiary for life. Errors are assigned as follows: 1st. The record does not show an indictment found and returned into coxirt. 2d. A trial was not had by a legal petit jury. 3d. The court erred in admitting the witness Candice Moseley to testify. 4th. In refusing to give the 9th charge asked by accused. 5th. The accused was not present when the motion for a new trial was overruled. 6th. In overruling the motion for a new trial.

Though not difficult of solution, the case is…

2Cases cited5 opinions

  1. Wesley v. StateMississippi Supreme Court · 1872
  2. New Orleans, Jackson & Great Northern Railroad v. AllbrittonMississippi Supreme Court · 1859
  3. People v. DamonNew York Supreme Court · 1835
  4. McGuire v. StateMississippi Supreme Court · 1872
  5. Lewis v. StateMississippi Supreme Court · 1872

3Cited by4 opinions

  1. Black v. StateCourt of Criminal Appeals of Texas · 1904
  2. Caldwell v. StateMississippi Supreme Court · 1980
  3. Martin v. StateSupreme Court of Arkansas · 1924
  4. Dennis v. StateMississippi Supreme Court · 1909

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