Keithler v. State
Mississippi Supreme Court
In error from the circuit court of Hinds county; Hon. George Coalter, judge. A grand jury, regularly impanelled at the November term, 1846, of the circuit court of Hinds county, preferred a joint indictment against Jack Fountain Silas as principal, and Henry Keithler as accessory before the fact to the murder of Benjamin G. Sims, on the 6th day of July, 1846. The indictment was signed “ J. E. Sharkey, district attorney, pro tern., 3d judicial district.”
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In error from the circuit court of Hinds county; Hon. George Coalter, judge. A grand jury, regularly impanelled at the November term, 1846, of the circuit court of Hinds county, preferred a joint indictment against Jack Fountain Silas as principal, and Henry Keithler as accessory before the fact to the murder of Benjamin G. Sims, on the 6th day of July, 1846. The indictment was signed “ J. E. Sharkey, district attorney, pro tern., 3d judicial district.” Silas, by affidavit, procured a change of venue to Claiborne county in his case. At the May term, 1847, of the circuit court for Hinds…
1Opinion of the CourtChief Justice Shahkey
The several points made in the argument of this case, will be disposed of in the order adopted in the assignment of errors.
First. The indictment is said to be defective, because it is not signed by the district attorney for the district, but by an attorney who acted under the appointment of the court, the *225district attorney being absent. It is contended, that as the district-attorney is an officer elected under the constitution for the discharge of certain duties, his place cannot be supplied by temporary appointment in his absence, and that the law authorizing such appointment is…
2Cases cited1 opinion
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
3Cited by5 opinions
- State ex rel. Williams v. EllisIndiana Supreme Court · 1916
- People v. RodrigoCalifornia Supreme Court · 1886
- Richardson v. StateMississippi Supreme Court · 1944
- Erik Wayne Hollie v. State of MississippiMississippi Supreme Court · 2015
- Erik Wayne Hollie v. State of MississippiMississippi Supreme Court · 2015