Organ v. State
Mississippi Supreme Court
Error to Hinds circuit court. Barnett, J. Madison Organ was indicted in the circuit court of Hinds county, for an assault and battery, with intent to kill J. M. Cur-rie, and at the September term of said court, 1852, he was found guilty as charged in the indictment. A motion was made for a new trial, but refused by the court below.
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Error to Hinds circuit court. Barnett, J. Madison Organ was indicted in the circuit court of Hinds county, for an assault and battery, with intent to kill J. M. Cur-rie, and at the September term of said court, 1852, he was found guilty as charged in the indictment. A motion was made for a new trial, but refused by the court below. The jury separated before they rendered their verdict in the case, by William S. Mullen, who was one of them, leaving the other eleven jurors without permission of the court, as they were about retiring to their room to consider of their verdict, and passing by a…
1Opinion of the Court
IIaNdt, J.:
The first, second, and third errors are assigned to the venire fa-inas for the grand jury, the return on it, and the oath administered to the grand jury when it was organized in the circuit court. No motion to quash was made, nor plea in abatement filed, presenting any of these objections, but the prisoner appeared and pleaded in bar to the indictment.
The venire does not constitute a necessary part of the record. *687unless some objection bas been taken to it in tbe court below, and it is introduced into tbe record by bill of exceptions, for tbe purpose of having its validity examined…
2Cases cited3 opinions
- State v. BabcockSupreme Court of Connecticut · 1815
- Overbee v. CommonwealthSupreme Court of Virginia · 1842
- Hamilton v. KnightIndiana Supreme Court · 1818
3Cited by19 opinions
- State v. RobinsonWest Virginia Supreme Court · 1882
- State v. MorganUtah Supreme Court · 1901
- Clark v. StateMississippi Supreme Court · 1950
- Wilson v. StateMississippi Supreme Court · 1971
- Pepper v. StateMississippi Supreme Court · 1946
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