Turner v. State
Mississippi Supreme Court
Error to Yazoo circuit court. Henry, J. 1. The statute requires the assessor to return to the court “ a list of the names of all freeholders, being citizens of the United States, within his county, and householders,” etc. Hutch. Code, 886, § 1. No person can be subjected to punishment for the same offense unless a conviction be had upon an indictment found by a grand jury of the county in which the offense was committed.
Read the full summary
Error to Yazoo circuit court. Henry, J. 1. The statute requires the assessor to return to the court “ a list of the names of all freeholders, being citizens of the United States, within his county, and householders,” etc. Hutch. Code, 886, § 1. No person can be subjected to punishment for the same offense unless a conviction be had upon an indictment found by a grand jury of the county in which the offense was committed. Laura v. State, 26 Miss., 176. The record must affirmatively show those indispensable facts, without which the judgment would be void. Dyson v. State, 26 Miss., 383. In…
1Opinion of the Court
Smith, C. J.:
The plaintiff in error was tried upon an indictment for murder in the circuit court of Yazoo, and convicted of manslaughter in the second degree. The evidence adduced on the trial is contained in the bill of exceptions taken to the decision of the court on a motion for a new trial.
The errors assigned are, 1. That the record does not show that the grand jury, by whom the indictment was found, were selected, summoned, and empanelled in the mode prescribed by the statute; and 2. That a new trial should have been granted, because the verdict was not sustained by the evidence.
1. In…
2Cases cited1 opinion
- Stoughton v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Stoughton v. StateMississippi Supreme Court · 1872