Ex parte Jefferson

Citations

• 62 Miss. 223

Syllabus

<p>1. Habeas Corpus. Fkamination of charge against relator. Presumption in absence of evidence.</p> <p>Wliere, upon an appeal from the decision of a judge refusing to discharge the appellant on a writ of habeas corpus, the record fails to show that the justice of the peace upon whose mittimus the relator was held in custody made any examination of the charge against the relator, this court will presume, in the absence of evidence upon the point, that such examination was waived by the accused.</p> <p>2: Same. Application of one accused of crime. Failure of grand jury to indict. Showing required.</p> <p>Where one who has been committed to jail by a justice of the peace on a criminal charge seeks to be discharged from custody by a habeas corpus proceeding on the ground that since his commitment a regular term of the circuit court having jurisdiction of his case has been held and no indictment has been found against him, he must show in addition that the charge against him was fully investigated by the grand jury.</p> <p>The guaranty of a “ speedy trial,” provided by l 7 of article 1 of the constitution, in favor of the accused in a criminal prosecution does not preclude the State from a reasonable opportunity to examine and prosecute the charge.</p> <p>3. Criminal Prosecution. Reasonable time therefor. “Speedy trial.”</p>