Marr v. State

J. G. Marr, appellant, was indicted for murder of Rufus Edwards, a seventy-two-year-old resident of Byhalia, Mississippi, in the Circuit Court of Marshall County. He was tried once and had a mistrial; at the second trial he was found guilty of manslaughter and was sentenced to serve a term of ten years in the state penitentiary.

Appellant was the duly elected constable of the Third District of Marshall County. He was indicted at the February 1961 term of court.

On March 6, 1961, during the February term of court, attorney for appellant, or defendant, filed a motion to quash the indictment,…