Fleming v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Calhoun County. Hon. J. W. C. WatsoN, Judge. H. A. Fleming was indicted in Yalobusha County for murder, in the killing of Edward Gardner. On the application of the defendant a change of venue was granted to Calhoun County. A trial in the Circuit Court of the latter county resulted in his conviction. He was sentenced by that, court to be hung, and from that judgment he appealed to this court. A motion was made for anew trial.
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Appeal from the Circuit Court of Calhoun County. Hon. J. W. C. WatsoN, Judge. H. A. Fleming was indicted in Yalobusha County for murder, in the killing of Edward Gardner. On the application of the defendant a change of venue was granted to Calhoun County. A trial in the Circuit Court of the latter county resulted in his conviction. He was sentenced by that, court to be hung, and from that judgment he appealed to this court. A motion was made for anew trial. The motion was overruled and no exception was taken to the order overruling motion. No exceptions whatever were taken to any of the…
1Opinion of the CourtCampbell, C. J.
The record shows an indictment for murder duly returned into court by a competent grand jury, and “filed,” as required by law, and that the venue'was changed to Calhoun County on the application of the prisoner, and a transcript of the proceedings in the case in Yalobusha County, where the indictment was found, was duly certified, and transmitted by the clerk of the court in Yalobusha, and was received, and filed in the office of the clerk of the Circuit Court of Calhoun County, where the trial was had and the judgment rendered which is now complained of. It is true that the record does not…
2Cases cited2 opinions
- Green v. StateMississippi Supreme Court · 1877
- Spivey v. StateMississippi Supreme Court · 1881
3Cited by9 opinions
- Commonwealth v. StewartMassachusetts Supreme Judicial Court · 1971
- Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Hunt v. StateMississippi Supreme Court · 1884
- Arbuckle v. StateMississippi Supreme Court · 1902
- Wooten v. StateMississippi Supreme Court · 1929
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