Legal Opinion

Fortenberry v. State

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 8 opinions

Error to the Circuit Court of Rankin County. Hon. A. Gf. Mayers, Judge. The plaintiff in error, James R. Fortenberry, was indicted for the murder of John N. Haddox. - The copy of the indictment furnished the accused charged James “ B.” Fortenberry with the murder of John N. Haddox; to which was attached the clerk’s'certificate stating that it was a correct copy of the indictment against James “ B.” Fortenberry for the murder of “Robt.”,N. Haddox.

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Error to the Circuit Court of Rankin County. Hon. A. Gf. Mayers, Judge. The plaintiff in error, James R. Fortenberry, was indicted for the murder of John N. Haddox. - The copy of the indictment furnished the accused charged James “ B.” Fortenberry with the murder of John N. Haddox; to which was attached the clerk’s'certificate stating that it was a correct copy of the indictment against James “ B.” Fortenberry for the murder of “Robt.”,N. Haddox. And in the copy of the special venire facias furnished the accused, the names of some on the list were marked as served with the .writ, which were…

1Opinion of the CourtChalmers, J.

The clerical mistakes in the copy of the indictment and *408special venire served upon the defendant could not possibly have prejudiced him, and there was no error in refusing the continuance asked for on account of them.

There was no error in rejecting, as incompetent, William. Beeves, a member of the special venire, who stated that he had conscientious scruples against capital punishment. Russell v. The State, 53 Miss.

There was no error in summoning by-standers to complete the jury, after the exhaustion of the special venire, there being no regular venire for the week nor talesmen.

There is no…

2Cited by8 opinions

  1. Vance v. StateMississippi Supreme Court · 1938
  2. Spain v. StateMississippi Supreme Court · 1881
  3. Holmes v. StateMississippi Supreme Court · 1945
  4. Hull v. StateTennessee Supreme Court · 1880
  5. Ross v. StateMississippi Supreme Court · 1939

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