Van Buren v. State
Court of Appeals of Mississippi
In error from the circuit court of Hinds county; Hon. Richard Barnett, judge. This was an indictment against a- slave belonging to the estate of Oscar D. Johnston, jleceased, of Hinds county, of which William Thomas was administrator. He was indicted for burglary, tried and convicted, and sentenced to be branded in the hand, and to receive twenty-five lashes each day, for four successive days.
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In error from the circuit court of Hinds county; Hon. Richard Barnett, judge. This was an indictment against a- slave belonging to the estate of Oscar D. Johnston, jleceased, of Hinds county, of which William Thomas was administrator. He was indicted for burglary, tried and convicted, and sentenced to be branded in the hand, and to receive twenty-five lashes each day, for four successive days. A writ of error was sued out, and upon petition of Thomas, the administrator, the slave was brought before the Hon. C. P. Smith', chief justice of the high court, by •Writ of habeas corpus, and admitted…
1Opinion of the CourtJustice Yerger
The bill of exceptions in this case was signed and sealed by *514two attorneys of the court, according to the provisions of the act of 22d February, 1840. Hutch. Code, 890.
It is insisted by the attorney-general, that this act of the legislature is unconstitutional, because it confers upon the attorneys those powers and attributes which belong to the judge, and therefore is an infringement of the judicial prerogative. If this argument be correct, we must disregard the bill of exceptions as a nullity, and affirm the judgment of the court below; as the only error assigned by the prisoner’s counsel,…
2Cases cited1 opinion
- Peter v. StateMississippi Supreme Court · 1872
3Cited by10 opinions
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- Bob v. StateSupreme Court of Alabama · 1858
- Richmond v. EnochsMississippi Supreme Court · 1915
- State v. JonesSupreme Court of Missouri · 1874
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