Coleman v. State

Citations

• 83 Miss. 290

Syllabus

<p>1. CRIMINAL Law. Murder. Venue. Fatal blow in one county. Death in another. Oode 1892, \\ 1335. Evidence.</p> <p>Where an indictment for murder charges that the crime was committed in the county in which it was preferred, evidence that the death occurred in another county is admissible, if the fatal blow was struck in the county in which th'e indictment was found, under Code 1892, § 1335, providing that where the fatal blow is struck in one county and d'eath occurs in another the offender may he indicted and tried in either county.</p> <p>2. Same. Code 1892, $ 1334. Jurisdiction.</p> <p>If one accused of murder be indicted in the county where the death occurred, he cannot afterwards be indicted! in another county where the fatal blow was struck, although the first indictment be dismissed by the state, since Code 1892, § 1334 provides, in such case, that the jurisdiction shall be in either county where the prosecution shall first be begun.</p> <p>3. Same. Right to object.</p> <p>In such case the fact that there is no contest between the courts of the two counties does not deprive the defendant of the right to object to the jurisdiction of the court of the county where the prosecution was not first begun.</p>