State v. Kennedy
Mississippi Supreme Court
Fhom: the circuit court of Smith county. Host. Robert L. Bullard, Judge. Kennedy, a man, and Stella Fraweek, a .woman, appellees,, were jointly indicted for unlawful cohabitation, and pleaded former jeopardy. The state demurred to- the plea; the court overruled the demurrer, and judgment final was entered for -the defendants and the state appealed to the supreme court.
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Fhom: the circuit court of Smith county. Host. Robert L. Bullard, Judge. Kennedy, a man, and Stella Fraweek, a .woman, appellees,, were jointly indicted for unlawful cohabitation, and pleaded former jeopardy. The state demurred to- the plea; the court overruled the demurrer, and judgment final was entered for -the defendants and the state appealed to the supreme court. The appellees were jointly indicted for unlawful cohabitation, at the October, 1908, term of court, and were put on trial,, but after the state had offered evidence the- district attorney, in ojien court, with consent of the…
1Opinion of the Court
Mayes, J.,
delivered tbe opinion of tbe court.
We only deem it necessary to notice one question involved in tbis case, and tbat is tbe action of tbe court in overruling the demurrer of tire state to defendant’s plea of former jeopardy. Tbe court below should not bave overruled tbe demurrer of tbe state, since tbe plea itself shows tbat there bad been no actual acquittal or conviction on tbe merits, and tbis being tbe case tbe state was not barred from further prosecution. Stection 22, of tbe constitution of 1890, expressly provides tbat before a person shall be considered to bave been once in…
2Cases cited1 opinion
- Roberts v. StateMississippi Supreme Court · 1895
3Cited by11 opinions
- De La Beckwith v. StateMississippi Supreme Court · 1997
- Caston v. StateMississippi Supreme Court · 2002
- Beckwith v. StateMississippi Supreme Court · 1992
- State v. ThornhillMississippi Supreme Court · 1965
- King v. StateMississippi Supreme Court · 1978
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