Lee v. State
Mississippi Supreme Court
Eeboe to the circuit court of Coahoma county. TbimBLE, J. Insisted that a new trial ought to be granted, because it does not appear that the indictment had been filed. Laura v. The State, 26 Miss. 174; Haynes v. The State, 34 ib. 616. The court erred in overruling the plea in abatement. Acts of 1866 and 1867, p. 238. The court ought to have sustained the objection to Jere McCorby as a juror. Burr’s Trial, vol.-1, p. 367; Heath v. Commonwealth, 1 Rob. 735; XI.
Read the full summary
Eeboe to the circuit court of Coahoma county. TbimBLE, J. Insisted that a new trial ought to be granted, because it does not appear that the indictment had been filed. Laura v. The State, 26 Miss. 174; Haynes v. The State, 34 ib. 616. The court erred in overruling the plea in abatement. Acts of 1866 and 1867, p. 238. The court ought to have sustained the objection to Jere McCorby as a juror. Burr’s Trial, vol.-1, p. 367; Heath v. Commonwealth, 1 Rob. 735; XI. S. v. Fries, 1 Wharton’s St. Tr. 606; 3 Wharton’s Am. Or. Law, § 2981; also, Sam v. The State, 13 Smedes & Marsh. 189 ; Nelson v. The…
1Opinion of the Court
Tarbell, J.:
At the October term, 1869, of the Coahoma county circuit court, the grand jury of that county presented an indictment against the plaintiff in error, charging him with the *117murder of John F. Riley, on the 7th day of June, in the same year. The proceedings and trial resulted in a verdict of guilty of manslaughter, from which the accused prosecuted a writ of error. The papers contain no assignment of errors, but the argument of counsel presents numerous objections to the record and proceedings. There was a plea in abatement to the indictment, alleging that there were colored men on…
2Cited by4 opinions
- Logan v. StateMississippi Supreme Court · 1874
- Wooten v. StateMississippi Supreme Court · 1929
- Williams v. StateMississippi Supreme Court · 1882
- Wooten v. StateMississippi Supreme Court · 1929