Legal Opinion

Street v. State

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 28 opinions

Error to the circuit court of Yazoo county. Cunningham, J. Upon, application of Street, by habeas corpus to be discharged from custody or admitted to bail, he being confined in jail upon indictment found at January special term, 1870, of Yazoo circuit court, for murder.

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Error to the circuit court of Yazoo county. Cunningham, J. Upon, application of Street, by habeas corpus to be discharged from custody or admitted to bail, he being confined in jail upon indictment found at January special term, 1870, of Yazoo circuit court, for murder. In the first count of the indictment, Street and David Boach were indicted as principals; by the second count Street was charged as accessary before the fact; and by the third, as accessary after the fact, of the murder of Benjamin Boach, brother of said David. Of David’s guilt, the evidence admitted of no doubt or dispute,…

1Opinion of the Court

Simrall, J.:

The sheriff returned on the writ that he held the relator in custody under arrest by bench warrant, to answer an indictment for murder.

The defendant rested his case, and moved for discharge *18upon or without bail; but the court refused to discharge or bail, which is assigned for error. The return of the sheriff not being controverted, as might have been done under art. 11, of habeas corpus act, it showed sufficient authority to hold the prisoner in custody.

The indictment was then read and the testimony of the witnesses taken. During the trial several questions as to admissibility…

2Cases cited2 opinions

  1. Sugg v. ThrasherMississippi Supreme Court · 1855
  2. Malcom v. GardnerNew York Supreme Court · 1823

3Cited by28 opinions

  1. Griffin v. StateMississippi Supreme Court · 1985
  2. Russell v. StateSupreme Court of Florida · 1916
  3. Ford v. DilleySupreme Court of Iowa · 1916
  4. In re LosassoSupreme Court of Colorado · 1890
  5. Hudson v. McAdoryMississippi Supreme Court · 1972

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