State v. Boykin
Mississippi Supreme Court
Appeal from the circuit court of Smith county. Hon. "W. H. Hughes, Judge. Roseoe Boykin was indicted, a demurrer to the indictment was sustained and the state appeals. The facts are fully stated in the opinion of the court. This indictment is valid for it was signed by Miss Stringer who was acting as deputy clerk and was recognized as such by the public.
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Appeal from the circuit court of Smith county. Hon. "W. H. Hughes, Judge. Roseoe Boykin was indicted, a demurrer to the indictment was sustained and the state appeals. The facts are fully stated in the opinion of the court. This indictment is valid for it was signed by Miss Stringer who was acting as deputy clerk and was recognized as such by the public. She was a de facto deputy and her acts were valid notwithstanding section 1006 of the Code, had not been complied with in appointing her. 7 Cvc., par. b., page 247; Wimberly v. Bowland, 72 Miss. 241, 16 So. 905; Mobley v. State, 46 Miss. 501.…
1Opinion of the CourtHolden, J.
This is an appeal by the state from a judgment of the circuit court of Smith county sustaining a demurrer to an indictment upon the grounds:
“First, that the said instrument purporting to be an indictment was not filed by the clerk of the circuit court of Smith county, Miss., nor any deputy authorized to act as such; second, because said purported indictment was marked ‘filed’ and the name of J. M. Bryant, circuit clerk, indorsed thereon by some other person than the said J. M. Bryant or his sworn deputy, and is therefore illegal and void.”
The appellee, Roseoe Boykin, pleaded “not guilty” to…
2Cases cited1 opinion
- Wimberly v. BolandMississippi Supreme Court · 1894
3Cited by1 opinion
- Bird v. StateMississippi Supreme Court · 1929