Legal Opinion

McGuire v. State

Mississippi Supreme Court

Decided November 15, 1898PublishedCited by 15 opinions

From the circuit court of Marshall county. Hon. Z. M. Stephens, Judge. The facts are fully stated in the opinion of the court. When the court ordered that the trial proceed on a certified copy of the indictment, the defendant had a right to plead thereto and should have been arraigned thereon. He might have shown that it was not a copy of the indictment.

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From the circuit court of Marshall county. Hon. Z. M. Stephens, Judge. The facts are fully stated in the opinion of the court. When the court ordered that the trial proceed on a certified copy of the indictment, the defendant had a right to plead thereto and should have been arraigned thereon. He might have shown that it was not a copy of the indictment. The statute of limitations is a complete defense, and when it has once attached the subsequent repeal of the statute does not take away the defense. Inasmuch as the offense charged in this case was committed prior to April 5, 1872, and,…

1Opinion of the CourtTerral, J.

John McGuire, at the August term, 1898, of the circuit court of Marshall county, was tried and convicted of the murder of William Bayliss, and sentenced to be hanged. The killing occurred on the twenty-sixth day of February, 1869, and at the February term, 1898, of Marshall county circuit court an indictment against the said McGuire for the mur*509-der of said Bayliss was found and returned into court, and he was at that term of court, upon said indictment, after being duly arraigned thereon, put upon his trial for said •crime, but the jury failing to agree upon a verdict, a mistrial was had and…

2Cases cited1 opinion

  1. Thompson v. StateMississippi Supreme Court · 1877

3Cited by15 opinions

  1. In Re EstradaCalifornia Supreme Court · 1965
  2. Jackson v. StateMississippi Supreme Court · 1989
  3. HATTIESBURG FIREF'T'RS v. City of HattiesburgMississippi Supreme Court · 1972
  4. Alston v. StateMississippi Supreme Court · 1972
  5. Bridges v. StateMississippi Supreme Court · 1929

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