Rawls v. State
Mississippi Supreme Court
Error to Warren circuit court, Coaltek, J. The opinion of the court contains a sufficient statement of the facts of the case. 1. It was error to exclude (upon the trial of the plea in abatement) the writ of venire facias, and the testimony of the witnesses offered by the defendant. The plea was a good defense in avoidance of the indictment, and evidence in support of it should have gone to the jury. 4 Bac. Abr., 525, 530, tit. A; 1 Chitty Cr.
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Error to Warren circuit court, Coaltek, J. The opinion of the court contains a sufficient statement of the facts of the case. 1. It was error to exclude (upon the trial of the plea in abatement) the writ of venire facias, and the testimony of the witnesses offered by the defendant. The plea was a good defense in avoidance of the indictment, and evidence in support of it should have gone to the jury. 4 Bac. Abr., 525, 530, tit. A; 1 Chitty Cr. Law, 309, note 83; 6 Binn., 447; 2 Pick., 563 ; 5 Porter, 130, 447; 4 Dev., 305 ; 7 Leigh., 747 ; 7 Yerger, 271; 4 Black. Com., 302, 306, and notes. 2.…
1Opinion of the Court
Sharkey, C. J.:
To an indictment for having exhibited a faro bank, the accused filed three pleas in abatement, two of which go to the competency of the grand jury who found the indictment,.and the other is a plea of misnomer.
The first plea is that six of the grand jurors were not legally qualified to serve, inasmuch as they had not been drawn by the *371clerk and sheriff in either of the modes prescribed by law from a list of freeholders and householders, returned by the assessor, nor had they been summoned as persons liable to serve on juries by virtue of a special writ of venire facias, nor were…
2Cited by7 opinions
- Crowley v. United StatesSupreme Court of the United States · 1904
- McQuillen v. StateMississippi Supreme Court · 1872
- Portis v. StateMississippi Supreme Court · 1872
- Stokes & Johnson v. StateCourt of Appeals of Mississippi · 1852
- Leathers v. StateMississippi Supreme Court · 1872
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