Smith v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. The questions considered in this case arise upon the rulings of the court below on the following points : The appellants were indicted for murder and pleaded in abatement to the indictment that it was illegal, “ because it was not found upon the sworn testimony of any witness or witnesses.” The court sustained a demurrer to this plea, and the appellants excepted.
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Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. The questions considered in this case arise upon the rulings of the court below on the following points : The appellants were indicted for murder and pleaded in abatement to the indictment that it was illegal, “ because it was not found upon the sworn testimony of any witness or witnesses.” The court sustained a demurrer to this plea, and the appellants excepted. The appellants demanded a special venire, and the court ordered a venire of fifty to be drawn from the jury box. After two names had been drawn, the clerk…
1Opinion of the CourtChalmers, J.
1. The court rightfully sustained a demurrer to the plea in abatement to the indictments which set up that the same had been foimd by the grand jury without the examination of any sworn testimony. The authorities on this subject are conflicting, but we prefer those which deny that such an inquiry is admissible.
Our statutes remit such questions wholly to the grand jury, who swear their own witnesses in secret. It would hence be impossible to controvert such a plea, nor is there any evidence that such inquiry was ever entertained in the history of our jurisprudence, though it has been several…
2Cases cited7 opinions
- Creek v. StateIndiana Supreme Court · 1865
- State v. FowlerSupreme Court of Iowa · 1879
- Rocco v. StateMississippi Supreme Court · 1872
- Durr v. StateMississippi Supreme Court · 1876
- McGuire v. StateMississippi Supreme Court · 1872
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3Cited by16 opinions
- State v. ChanceNew Mexico Supreme Court · 1923
- State v. DaileyWest Virginia Supreme Court · 1913
- People v. SingerCourt Of Oyer And Terminer New York · 1886
- Cambron v. StateSupreme Court of Georgia · 1927
- Blowe v. StateMississippi Supreme Court · 1922
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