Spivey v. State
Mississippi Supreme Court
Motion in Supreme Court. The character and purpose of the motion are stated in the opinion of the court. 1. No objection having been made in the court below in reference to the indictment, none such can be made here ; and therefore it is of no consequence that the transcript contains no copy of the indictment.
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Motion in Supreme Court. The character and purpose of the motion are stated in the opinion of the court. 1. No objection having been made in the court below in reference to the indictment, none such can be made here ; and therefore it is of no consequence that the transcript contains no copy of the indictment. Code 1871, sect. 2884; Acts 1878, p. 200. 2. But if this court should deem it material that the transcript should contain a copy of the indictment, the case should be continued, to enable the State to supply the defect by having the Circuit Court to supply the loss. As to the power of…
1Opinion of the CourtCampbell, J.
This is a motion, by the attorney-general, to continue this case, “in order that proceedings maybe had in the Circuit Court to supply the record by furnishing a copy of the lost indictment, so that the record here may be perfected.” The object of the motion, as the attorney-general stated at the bar, is to ascertain the view of the court as to the necessity for the record here to contain a copy of the indictment; and if it is necessary, by what proceeding it may be made to contain this copy, in view of the alleged loss of the indictment since the trial below. The prisoner objects to any…
2Cases cited1 opinion
- Ex parte PhillipsMississippi Supreme Court · 1879
3Cited by6 opinions
- Guice v. StateMississippi Supreme Court · 1883
- Hays v. StateMississippi Supreme Court · 1909
- Fleming v. StateMississippi Supreme Court · 1882
- Hunt v. StateMississippi Supreme Court · 1884
- Wooten v. StateMississippi Supreme Court · 1929
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