Smith v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Lincoln County. Hon. J. B. ChrismAN, Judge. The indictment, which is double, should have been quashed. Each of the defendants was entitled to four peremptory challenges. Code 1871, § 2761: Proffatt on Jury Trials, § 164; 2 Hale P. C. 267, 268; 1 Chitty Crim. Law, 536 ; United States v. Marchant, 12 Wheat. 480 ; 3 Wharton’s Crim. Law (6th ed.), § 3195; State v. Earle, 24 La.
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ERROR to the Circuit Court of Lincoln County. Hon. J. B. ChrismAN, Judge. The indictment, which is double, should have been quashed. Each of the defendants was entitled to four peremptory challenges. Code 1871, § 2761: Proffatt on Jury Trials, § 164; 2 Hale P. C. 267, 268; 1 Chitty Crim. Law, 536 ; United States v. Marchant, 12 Wheat. 480 ; 3 Wharton’s Crim. Law (6th ed.), § 3195; State v. Earle, 24 La. Ann. 38. If prisoners are tried jointly without objection on their part, each is not allowed his full number of challenges. They should object to a joint trial, and apply for a severance, and,…
1Opinion of the CourtGeorge, C. J.
The plaintiff in error was, jointly with several others, indicted for burglariously breaking and entering the house of one Mark Newman, with intent to commit the crime of assault and battery upon said Mark Newman, Nash Deall and Miles King, then and there being; and the indictment also charges that the defendants then and there beat and wounded the three persons before named. A motion was made to quash the indictment upon the ground that it charged two distinct offences — burglary, and assault and battery-^in the same count. We do not regard the objection as good. Larceny is held to be…
2Cases cited2 opinions
- United States v. MarchantSupreme Court of the United States · 1827
- Roberts v. StateMississippi Supreme Court · 1877
3Cited by3 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- Carpenter v. PeopleSupreme Court of Colorado · 1903
- State v. DureinSupreme Court of Kansas · 1883