Durrah v. State
Mississippi Supreme Court
Error.to the ^circuit .court of Noxubee- comity. ‘ Ore. J. : The deféñdaiít was indicted’ at the June term1 of - the, circuit,} court of Noxubee county, 1§70,' for flip murder of one tiewis.'Jy Nichols. To’this’indictment he pleaded not , guilty, ,at the . .. August'term, 1870,' The special venire facias . was 'returned on the 10th of August, and a copy thereof was delivered to defendant’s counsel, on the 8th.
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Error.to the ^circuit .court of Noxubee- comity. ‘ Ore. J. : The deféñdaiít was indicted’ at the June term1 of - the, circuit,} court of Noxubee county, 1§70,' for flip murder of one tiewis.'Jy Nichols. To’this’indictment he pleaded not , guilty, ,at the . .. August'term, 1870,' The special venire facias . was 'returned on the 10th of August, and a copy thereof was delivered to defendant’s counsel, on the 8th. Defendant asked leave to withdraw the plea of not guilty, and to file a plea in abatement, wherein he alleges that the grand jury was an illegal body, having been di’awn and selected by…
1Opinion of the Court
SlMRALL, J. :
The first error assigned is the refusal of the court to permit the defendant to withdraw his plea of “ not guilty,” and, plead in abatement to the indictment. The matter in abatement, as set out in the plea tendered, was, in substance, that the board of supervisors was illegally constituted, and the grand jury which preferred the indictment, having been selected by it, was an incompetent body. It might be a sufficient answer to say that the incumbents of the board were de facto officers, discharging their functions ; and that their acts as such, so far as third persons are…
2Cases cited1 opinion
- McKenna v. FiskSupreme Court of the United States · 1843
3Cited by14 opinions
- Stevens v. StateMississippi Supreme Court · 1984
- Pittman v. StateMississippi Supreme Court · 1974
- Peterson v. StateMississippi Supreme Court · 1970
- State v. . AndersonSupreme Court of North Carolina · 1948
- Posey v. StateMississippi Supreme Court · 1905
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