Wilson v. State
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Newnan Gayce, Judge. Appellant was convicted' of forgery. The indictment alleged that the forgery was committed for the purpose of defrauding the Postal Telegraph-Cable Company.
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From the circuit court of Lee county. Hon. Newnan Gayce, Judge. Appellant was convicted' of forgery. The indictment alleged that the forgery was committed for the purpose of defrauding the Postal Telegraph-Cable Company. The defendant filed a plea in abatement, alleging that J. L. Finley, the attorney for said telegraph' company, who had been employed to aid in the prosecution, went before the grand jury with witnesses, and acted for the district attorney in preparing the indictment, and procured the same to be found and presented; that the district attorney was not present in the grand jury…
1Opinion of the Court
Cooper, «J.,
delivered the opinion of the court.
■ The court erred in instructing the jury to find for the state upon the issue joined upon the defendant’s plea in abatement. On the facts disclosed in evidence, the verdict on that plea should have been for the defendant. It is unquestionably shown that Mr. Finley, who was the attorney for the telegraph company alleged to have been defrauded, or attempted to be, by the forgery charged against the defendant, was before the grand jury as a private prosecutor, for the purpose of securing the indictment of the accused. It is true Mr. Finley states…
2Cases cited1 opinion
- Durr v. StateMississippi Supreme Court · 1876
3Cited by26 opinions
- State v. AtkinsWest Virginia Supreme Court · 1979
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- Williams v. StateIndiana Supreme Court · 1919
- State v. WetzelWest Virginia Supreme Court · 1914
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