Mulligan v. State
Mississippi Supreme Court
Error to the circuit court of Bolivar county. Shackleford, J. The opinion contains a statement of the case. The record fails to show that the court was held at the time and place required by law. Carpenter v. the State, 4 How. (Miss.) 163 ; Morris’ State Cases, 126, 430. It fails to show the organization of the grand jury, and that the indictment was returned into court as required bylaw. 30 Miss. 408 ; 31 ib. 421; Morris’ State Cases, 810, 885, 1752, and notes.
1Opinion of the Court
Takbell, J.:
Error to the circuit court of Bolivar county, where the plaintiff in error was indicted, tried and convicted on a charge of robbery. A reversal of the judgment is asked for errors on the face of the record, in the instructions of the court to the jury, and in overruling a motion for a new trial.
An inspection of the record discloses the following omissions: It does not show the organization of the court; the judge presiding; the place at which it was held; the organization of the grand jury; the appointment of foreman; the indorsement and filing of the indictment; the names of the…
2Cases cited5 opinions
- Kelly v. StateMississippi Supreme Court · 1872
- Abram v. StateMississippi Supreme Court · 1872
- Laura v. StateMississippi Supreme Court · 1872
- Swinney v. StateMississippi Supreme Court · 1872
- Seal v. StateMississippi Supreme Court · 1872