Kelly v. State
Mississippi Supreme Court
Error to the circuit court of Smith county. At the April term, 1844, of the Smith county circuit, the grand jury found a joint bill of indictment against Kelly and Little for the murder of “ Jack, a slave of said Kelly and at the same term were tried and convicted of manslaughter in the first degree; and were sentenced to confinement in the penitentiary for a term of seven years.
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Error to the circuit court of Smith county. At the April term, 1844, of the Smith county circuit, the grand jury found a joint bill of indictment against Kelly and Little for the murder of “ Jack, a slave of said Kelly and at the same term were tried and convicted of manslaughter in the first degree; and were sentenced to confinement in the penitentiary for a term of seven years. The indictment was in the common law form for murder, except that in the caption the grand jurors are not stated to have been sworn to enquire for the “ State of Mississippi.” The bill of exceptions shows, that the…
1Opinion of the Court
ThaoheR, J.:
This was an indictment preferred in the circuit court of Smith county against the plaintiffs in error for the murder of a slave, the property of the plaintiffs in error, Kelly, which, upon trial, resulted in a verdict of manslaughter in the first degree.
We shall proceed to notice such points made by the plaintiffs in error, which we deem to be at all in doubt.
The first objection insisted upon is, that the caption of the indictment does not show that the court was held in the place designated by law. It shows that the circuit court, at which the indictment was found, was held for…
2Cases cited1 opinion
- Son v. PeopleNew York Supreme Court · 1834
3Cited by17 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Roberts v. PeopleMichigan Supreme Court · 1870
- Bartholomew v. PeopleIllinois Supreme Court · 1882
- McDaniel v. StateMississippi Supreme Court · 1978
- Newcomb v. StateMississippi Supreme Court · 1872
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