Stanford v. State

Decided November 15, 1898

Mississippi Supreme Court · decided 1898-11-15

From the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. This case was a prosecution of appellant, Stanford, for a misdemeanor—unlawful cohabitation. The indictment was not marked filed by the clerk at the term of court at which it was found, as required by code 1892, § 1346. At the next following subsequent term, the court permitted the clerk to mark it filed.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

How this case has been cited

Cited by 6 later decisions — most recently August 2007

6 state decisions

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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Whitfield, J.,

¶1delivered the opinion of the court.

¶2The ‘ ‘ marking ’ ’ the indictment filed, dating it, and signing the entries on it, by the clerk, are made, by § 1316 of code of 1892, the exclusive “legal evidence of the finding and presentation of the indictment. ’ ’ This was not done in this case, at the term at which the alleged indictment was found. Ita lex soripta est. The demurrer should have been sustained.

¶3Judgment reversed, indictment quashed and cause remanded. Appellant will be held to answer such new indictment as the grand jury may prefer against him.