Cachute v. State

Citations

• 50 Miss. 165

Syllabus

<p>1. Criminal Trial — Indictment — How Presented into Court. — The authorities in this state are, that the indictment must he brought into court, by the grand jury, as a body or through their foreman, accompanied by the requisite number, and the record must show this affirmatively. Laura v. The State, 26 Miss., 176 ; Friar v. The State, 3 How., 423; Good- • win v. The State, 4 Smed. & Mar., 535.</p> <p>2. Same — Same — Entry by the Cleric. — It is not competent for the clerk to certify by way of recital what transpired at a former term of the court. The proceedings ol that term as actually entered upon the records of the courts, are the best and only evidence of what occurred in a particular case.</p> <p>3. Same — Effect of § 2794 and 2795 of Code of 1871. — The first section of this statute recognizes the practice that the minutes of the court must show that the hill of indictment was brought by the grand jury into court. The second section postpones such entry upon the minutes until the accused has been arrested and is either in custody or at laige on hail. The object was to keep the indictment secret until the accused was arrested. Manifestly, this statute does not dispense with a record upon the minutes, of the fact, either at the term at which the indictment was found or at any time “ after the appearance of the accused.”</p> <p>4. Arraignment — Plea. •— In all cases of felony the record must show affirmatively, that the accused was arraigned and plead in person to the indictment. If plea is by attorney, it is as no plea. Wilson v. The State, 42 Miss., 641.</p>