Kohlheimer v. State
Mississippi Supreme Court
Error to Chickasaw circuit court. Acker, J. Frederick Kohlheimer was indicted in the eomt below for murder. The caption of the indictment showed that twenty persons, to serve as grand jurors, were summoned by the sheriff, without any writ for that purpose; that they were selected by him in equal numbers from each of the police districts of the county. They were organized, empaneled, and sworn as a grand jury. This body returned the bill of indictment into court.
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Error to Chickasaw circuit court. Acker, J. Frederick Kohlheimer was indicted in the eomt below for murder. The caption of the indictment showed that twenty persons, to serve as grand jurors, were summoned by the sheriff, without any writ for that purpose; that they were selected by him in equal numbers from each of the police districts of the county. They were organized, empaneled, and sworn as a grand jury. This body returned the bill of indictment into court. The indictment was found in October, 1857, for a honn icide committed in July of the same year. The defendant pleaded not guilty,…
1Opinion of the Court
Harris, J.:
The plaintiff in error was indicted for murder, and convicted *1390of manslaughter in the court below, and sentenced to imprisonment in the penitentiary. A motion in arrest of judgment was made, on several grounds; among others, on the ground that the indictment was not found by a legal grand jury, and also that there was no indictment, or issue, on which the plaintiff in error could have been lawfully put upon his trial. This motion was overruled.
Afterwards a motion for a new trial was made, which was also overruled. Exceptions were taken and allowed, and the cause is now brought to…
2Cases cited14 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Hurt v. StateMississippi Supreme Court · 1872
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
- People v. Barrett & WardNew York Supreme Court · 1806
- Commonwealth v. GoddardMassachusetts Supreme Judicial Court · 1816
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- Burton v. StateMississippi Supreme Court · 1955
- Burnes v. StateSupreme Court of Florida · 1925
- State v. GeorgeWashington Supreme Court · 1915
- State v. WatsonSupreme Court of Rhode Island · 1898
3 more not listed; retrieve them via the Exa API.