Ex parte Jefferson
Mississippi Supreme Court
Appeal from the decision of Hon. Ralph North, judge of the eleventh judicial district, on habeas corpus. The case is sufficiently stated in the opinion of the court. These two facts are patent: 1. The accused was committed by the magistrate without any preliminary examination, the grand jury not being in session. ' This we hold was an outrage upon his rights as a citizen of this State. He was entitled to an investigation, which he did not receive, ■or to his discharge.
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Appeal from the decision of Hon. Ralph North, judge of the eleventh judicial district, on habeas corpus. The case is sufficiently stated in the opinion of the court. These two facts are patent: 1. The accused was committed by the magistrate without any preliminary examination, the grand jury not being in session. ' This we hold was an outrage upon his rights as a citizen of this State. He was entitled to an investigation, which he did not receive, ■or to his discharge. What right has any magistrate to arrest and •commit any citizen upon the bare, bald affidavit of any man ? Whose liberty is…
1Opinion of the CourtArnold, J.
Relator was charged with arson, and committed to jail by a justice of the peace of Adams County in default of bail in the sum of two thousand dollars. No preliminary examination was made by the justice of the peace, and it is not shown whether it was waived by the relator or not. It-is admitted that two days after the arrest and committal a regular criminal term of the circuit court of the county was commenced and held, and that the grand jury for the term partially investigated the charge against relator, but adjourned finally without finding a bill of indictment against him. It is admitted…
2Cases cited2 opinions
- Ex parte BridewellMississippi Supreme Court · 1879
- Ex parte CaplesMississippi Supreme Court · 1880
3Cited by4 opinions
- Yates v. StateMississippi Supreme Court · 1964
- Cruthirds v. StateMississippi Supreme Court · 1941
- Craig v. StateMississippi Supreme Court · 1973
- Wooton v. BetheaMississippi Supreme Court · 1950