State v. Murphy
Mississippi Supreme Court
Appeal from circuit court of Harrison county. I-Ion. D. Graham, Judge. John J. Murphy was indicted for embezzlement. A demurrer to the indictment ivas sustained, and the state appeals. Right of The State to Appeal. There can be no question of the right of the state to appeal from the judgment-sustaining the demurrer to the indictment.
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Appeal from circuit court of Harrison county. I-Ion. D. Graham, Judge. John J. Murphy was indicted for embezzlement. A demurrer to the indictment ivas sustained, and the state appeals. Right of The State to Appeal. There can be no question of the right of the state to appeal from the judgment-sustaining the demurrer to the indictment. Such appeals are authorized by paragraph 1, section 16-, Hemingway’s Code (section 40, of the Code of 1906). The Demurrer Should Have Been Overruled. The defendant demurred and assigned sixteen grounds for demurrer. There is no indication from the judgment of…
1Opinion of the Court
EthridgEj J.,
delivered the opinion of the court.
The appellee, John J. Murphy, was indicted for embezzlement and demurred to the indictment interposed and sustained by,the court below, from which judgment the state prosecutes this appeal.
The indictment reads as follows:
“The grand jurors of the state of Mississippi . .. . upon their oaths present that John J. Murphy, in the county aforesaid, on the 1st day of January, A. D. 1919, then and there being the regularly and legally elected, qualified, and acting chancery clerk of Harrison county, Miss., then and there acting in his official capacity…
2Cited by1 opinion
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