Coulter v. State

Citations

• 75 Miss. 356

Syllabus

<p>1. Crimihal Procedure. Constitution 1890, section 37.</p> <p>The legislature is expressly authorized by constitution of 1890, section 37, to dispense with the inquest of a grand jury in the prosecution of misdemeanors and to reg'ulate by law the proceedings in such eases.</p> <p>3. Same. Justice court. Affidavit. Code 1893, § 3431.</p> <p>Under code 1893, \\ 3431, prosecutions for misdemeanors can be instituted before a justice of the peace only on affidavit charging the defendant with the commission thereof.</p> <p>.3. Same. Amendments on appeal. Code 1893, $ 1438.</p> <p>Tn case of appeal to the circuit court from the judgment of a justice of the peace convicting a defendant of a misdemeanor, if the affidavit made before the justice of the peace, intending to charg'e the offense, be defective, the same may be amended, under code 1893, \\ 1438, on application of the state, and the charge, as amended, need not be sworn to by anyone.</p>