Fuller v. State
Mississippi Supreme Court
From the circuit court of, first 'district, Hinds county. Hon. David M. Miller, Judge. Fuller, the appellant, was indicted, tried, and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The facts upon which the decision turned are well stated in the opinion of the court.
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From the circuit court of, first 'district, Hinds county. Hon. David M. Miller, Judge. Fuller, the appellant, was indicted, tried, and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The facts upon which the decision turned are well stated in the opinion of the court. The motion to quash the indictment in this case should have been sustained because of the improper remarks made by the trial judge in his charge to the grand jury which found the indictment. Welch v. State, 68 Miss., 341; Wilson v. State, 70 Miss., 595; Blau v. State, 82 Miss., 514. In Wilson y.…
1Opinion of the CourtTruly, J.
The court met on the 5th day of September, 1904, and the grand jury returned the indictment against appellant on the fourth day of the term. When arraigned for trial, and before plea, appellant, filed a motion to quash the indictment in his case. The ground on which this motion was based was the language of the trial judge in his charge to the grand jury at the impaneling thereof upon the organization of thé court. The motion recites as follows: “That the said grand jury was, after being impaneled and sworn as such, charged by the court in the following words — to wit: ‘Have you never heard…
2Cases cited1 opinion
- Blau v. StateMississippi Supreme Court · 1903
3Cited by20 opinions
- Hoops v. StateMississippi Supreme Court · 1996
- Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1937
- Wheeler v. StateMississippi Supreme Court · 1953
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Hood v. StateMississippi Supreme Court · 1988
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