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64 Miss. 229

Williamson v. State

Mississippi Supreme Court

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hon. W. S. Featheeston, Judge. J. W. Williamson was indicted in Union County for murder. The venue was changed to Tippah County on the application of the defendant, and he was there tried and convicted. He appealed to this court.

Relies on Browning v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

How this case has been cited

Cited by 4 later decisions — most recently July 2007

4 state decisions

101886189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Arnold, J.,

¶1delivered the opinion of the court.

¶2It appears from the record that' appellant was tried on the original indictment found in Union County contrary to § 3063 of the code, which provides that, on change of venue, the defendant shall be tried on a certified copy of the indictment. Under that section of the code a defendant, on change of venue, must be tried on a copy of the indictment, certified according to the statute. Such was the conclusion reached by this court at a time when the statute was silent as to whether the trial, in such case, should be on the original indictment or a certified copy thereof. Browning v. The State, 30 Miss. 656. There was no authority of law to send the original indictment from Union to Tippah County. Under our statutes, it could perform no office in the latter county. On a change of venue in a criminal cause, the certified transcript and papers required to be transmitted to the county to which the trial is removed become and are taken as the original record, papers, and proceedings in the cause, and they have the same force and effect as the originals.

¶3On this branch of the subject another defect appears in the record. What purports to be the indictment upon which appellant was tried is without entries or indorsements thereon. It wants the marking “ filed,” with the date thereof signed by the clerk, which § 3006 of the code makes the evidence of an indictment being found and presented to the court. A paper, with proper entries and indorsements for'such indictment, is in the record, but neither the clerk of Union nor Tippah County certifies that it contains the entries and indorsements on the indictment, or that it is any part *233of the record. The objections made to the indictment should have been sustained, and because they were not, the judgment is reversed and tbe cause remanded, without considering other errors assigned.

¶4Reversed and remanded.

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