Hardy v. State
Mississippi Supreme Court
From tbe circuit court of Lincoln county. HoN. Moysb H. WiLKiNSON, Judge. Hardy, appellant, was indicted in tbe circuit court of Franklin county for embezzlement and upon arraignment pleaded not guilty. Thereafter tbe venue was changed to tbe circuit uourt of Lincoln county.
Read the full summary
From tbe circuit court of Lincoln county. HoN. Moysb H. WiLKiNSON, Judge. Hardy, appellant, was indicted in tbe circuit court of Franklin county for embezzlement and upon arraignment pleaded not guilty. Thereafter tbe venue was changed to tbe circuit uourt of Lincoln county. After tbe cause reached tbe last named court, tbe defendant moved to quash tbe indictment on tbe ground that tbe record failed to show that tbe grand jury, by whom it was returned, bad been sworn as required by law. Tbe court below overruled tbe motion. Tbe defendant was then tried and convicted and appealed to tbe…
1Opinion of the CourtSmith, J.
Appellant was convicted of embezzlement in the court below and appeals to this court.
A motion to quash the indictment was filed in the court below, and overruled; the ground of the motion being that the grand jury which found the indictment was not sworn. The minutes of the >court at which the indictment was found contain no statement that the grand jury was sworn. In Cody v. State, 3 How. (Miss.) 27; Abram v. State, 25 Miss. 589; and Foster v. State, 31 Miss. 421, it was held that the swearing of the grand jury must affirmatively appear from the-record, and in default thereof an indictment…
2Cases cited4 opinions
- Hays v. StateMississippi Supreme Court · 1909
- Abram v. StateMississippi Supreme Court · 1872
- Foster v. StateMississippi Supreme Court · 1872
- Smith v. StateMississippi Supreme Court · 1872
3Cited by2 opinions
- People v. GrayIllinois Supreme Court · 1913
- Walton v. StateMississippi Supreme Court · 1927