Legal Opinion

Kline v. State

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 17 opinions

Error to the circuit court of Lowndes county. Orr, J. The indictment was found at the August term, 1889, and the subsequent proceedings were had at the July term, 1870. The tenth section of the bill of rights says, “The accused has the right to demand the nature and cause of the accusation ” made against him by the state.

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Error to the circuit court of Lowndes county. Orr, J. The indictment was found at the August term, 1889, and the subsequent proceedings were had at the July term, 1870. The tenth section of the bill of rights says, “The accused has the right to demand the nature and cause of the accusation ” made against him by the state. This is done by the indictment under the provisions of the Rev. Code, art. 257, 614. By tbis act amendments are restricted to such as may be made “by the consent of the grand jury, or of the court, during the term at which time the bills may be found; if proposed after that…

1Opinion of the Court

SlMRALL, J.:

ITenry A. Kline was indicted for prosecuting secular business on Sunday, contrary to the statute in this : “ That on the 7th day of February, A. D. 1869, the same being Sunday, he did sell and dispose of goods and chattels, to-wit: one can of oysters,” etc.

The .defendant demurred on the ground that the indictment did not charge him with any offense. Eev. Oode, 607? art. 226, is as follows : “No merchant,” etc., “or other person, except apothecaries and druggists, shall keep open store, or dispose of any wares,” etc., “on Sunday, or sell or barter the same.”

We find the general…

2Cases cited4 opinions

  1. Ike v. StateMississippi Supreme Court · 1872
  2. McDougald v. BellamySupreme Court of Georgia · 1855
  3. Howe v. StateIndiana Supreme Court · 1858
  4. Anthony v. StateMississippi Supreme Court · 1872

3Cited by17 opinions

  1. Wexler v. StateMississippi Supreme Court · 1932
  2. Ousley v. StateMississippi Supreme Court · 1929
  3. Harrington v. StateMississippi Supreme Court · 1877
  4. State v. SnowdenMississippi Supreme Court · 1933
  5. Davis v. StateMississippi Supreme Court · 1928

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