Leathers v. State
Mississippi Supreme Court
Error to Pontotoc circuit court. Miller, J. The defendant was indicted in the circuit court of Pontotoc county for an assault with intent to commit murder, and he filed several pleas in abatement to the bill of indictment, and among them he pleaded, in substance, that thirty-six persons were not drawn and summoned, as directed by law, to serve as jurors for the first week of the term of the circuit court of Pontotoc county, from which, by law, the grand jury for said term…
Read the full summary
Error to Pontotoc circuit court. Miller, J. The defendant was indicted in the circuit court of Pontotoc county for an assault with intent to commit murder, and he filed several pleas in abatement to the bill of indictment, and among them he pleaded, in substance, that thirty-six persons were not drawn and summoned, as directed by law, to serve as jurors for the first week of the term of the circuit court of Pontotoc county, from which, by law, the grand jury for said term were to be selected; but that forty persons were drawn and summoned, from whom the grand jury who preferred the bill of…
1Opinion of the Court
Smith, C. J.:
The plaintiff in error was convicted of an assault with intent to commit murder on an indictment framed under the 33d section, ch. 64, of the statute of 1839, Hutch. Dig., 960. Numerous objections are urged to the validity of the judgment rendered in the circuit court, all of which, with the exception of that which arises on the third plea of defendant in abatement to the indictment, we deem it unnecessary to notice. That plea was demurred to and the demurrer was sustained.
The said plea in substance avers that thirty-six persons were not drawn and summoned, as directed by law, to…
2Cases cited2 opinions
- Stokes & Johnson v. StateCourt of Appeals of Mississippi · 1852
- Rawls v. StateMississippi Supreme Court · 1872
3Cited by5 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Turner v. StateSupreme Court of Georgia · 1886
- People v. DonaldsonIllinois Supreme Court · 1912
- Wilburn v. StateSupreme Court of Arkansas · 1860
- People v. PriorAppellate Division of the Supreme Court of the State of New York · 1945