Keithler v. State
Mississippi Supreme Court
Error to Hinds circuit court. Coaltee, .J. The grand jury of Hinds county at the November term of the circuit court, 1846, found an indictment against Jack Fountain Silas, as principal, and Henry Keitliler as accessory, of the murder of Benjamin G-. Sims, on the 6th of July, 1846. The indictment was signed “ J. E. Sharkey, district attorney, pro tern., 3d judicial district.”
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Error to Hinds circuit court. Coaltee, .J. The grand jury of Hinds county at the November term of the circuit court, 1846, found an indictment against Jack Fountain Silas, as principal, and Henry Keitliler as accessory, of the murder of Benjamin G-. Sims, on the 6th of July, 1846. The indictment was signed “ J. E. Sharkey, district attorney, pro tern., 3d judicial district.” A change of venue was obtained to Claiborne county, in the case of Silas, the principal, and Keithler was tried at the May term, 1847, of the circuit court of Hinds county. The state was represented by Fulton Anderson,…
1Opinion of the Court
Sharkey, C. J.:
The several points made in the argument of this case, will be disposed of in the order adopted in the assignment of errors.
First. The indictment is said to be defective, because it is not signed by the district attorney for the district, but by an attorney who acted under the appointment of the court, the district attorney being absent. It is contended that as the district attorney is an officer elected under the constitution for the discharge of certain duties, his place cannot be supplied by temporary appointment in his absence, and that the law authorizing such appointment…
2Cases cited4 opinions
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
- George v. StateMississippi Supreme Court · 1872
- Eppes v. StateTexas Supreme Court · 1853
- Reynolds v. StateTexas Supreme Court · 1853
3Cited by19 opinions
- Boutwell v. StateMississippi Supreme Court · 1932
- Buck v. CommonwealthSupreme Court of Pennsylvania · 1884
- State ex rel. Owens v. BarnesSupreme Court of Florida · 1888
- People v. BearssCalifornia Supreme Court · 1858
- Dent v. StateCourt of Criminal Appeals of Texas · 1901
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