Posey v. State
Mississippi Supreme Court
Ebom the circuit court of Lincoln county. Horr. Moyse H. Wilkinson, Judge. Posey, the appellant, was indicted, tried, and convicted of murder, and sentenced to the penitentiary for life, from which conviction and sentence he appealed to the supreme court.
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Ebom the circuit court of Lincoln county. Horr. Moyse H. Wilkinson, Judge. Posey, the appellant, was indicted, tried, and convicted of murder, and sentenced to the penitentiary for life, from which conviction and sentence he appealed to the supreme court. The facts upon which the decision turned are stated in the opinion of the court. [The briefs of counsel in this case failed to reach the reporter, hence a synopsis of them is not given.] Argued orally by William Williams, attorney-general, for appellee.
1Opinion of the CourtTbuly, J.
Appellant was indicted for the murder of one Benj amin Bay-fiss. Before arraignment he filed a motion to quash the indictment, also a plea in abatement. The demurrer of the state to the plea in abatement was sustained, and the motion to quash, after taking testimony, was overruled. These rulings of the court are mainly assigned as error on this appeal.
The facts on which the plea in abatement was founded, and which formed the basis of the motion to quash, were substantially these: TJpon the convening of court for the term at which appellant was indicted, the presiding judge directed that the *143gr…
2Cases cited19 opinions
- Sage v. StateIndiana Supreme Court · 1891
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- Purvis v. StateMississippi Supreme Court · 1893
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