Legal Opinion

Portis v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 12 opinions

Error to Tippah circuit court. Millee, J. The facts of the case as shown by the record are, that Addison Portis, at the March term, 1850, of the circuit court of Tippah county, was indicted by the grand jury of said county for playing a game of cards for money.

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Error to Tippah circuit court. Millee, J. The facts of the case as shown by the record are, that Addison Portis, at the March term, 1850, of the circuit court of Tippah county, was indicted by the grand jury of said county for playing a game of cards for money. At the September term of the said circuit court, 1850, the defendant (Portis) appeared and pleaded four pleas to said bill of indictment, in abatement. 1st. That after the jury at the March term, 1850, of said circuit court had been called, and one of the grand jurors of the thirteen drawn, and the balance of the venire had been…

1Opinion of the Court

Smith, C. J.:

This was an indictment for a violation against the statute against gaming, tried in the circuit court of Tippah. The defense relied on was presented through several pleas of abatement *585to the indictment. These pleas were judged insufficient by the court, and the defendant was convicted on the issue of not guilty.

The exceptions taken to the proceedings in the circuit court are, that the court erred in sustaining the demurrer to the defendant’s last plea; that the court erred in discharging a member of the grand jury by whom the indictment was preferred, after he had been chosen,…

2Cases cited4 opinions

  1. McQuillen v. StateMississippi Supreme Court · 1872
  2. Adriance v. BrooksTexas Supreme Court · 1855
  3. Rawls v. StateMississippi Supreme Court · 1872
  4. Jackson v. StateTexas Supreme Court · 1854

3Cited by12 opinions

  1. People v. LauderMichigan Supreme Court · 1890
  2. Coleman v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
  4. Finley v. StateSupreme Court of Alabama · 1878
  5. O'Byrnes v. StateSupreme Court of Alabama · 1874

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