Ex parte Smith

Citations

• 79 Miss. 373

Syllabus

<p>1. Habeas Cobptjs. Misdemeanant. Commitment to circuit court.</p> <p>A defendant, charged with a misdemeanor, who has been hound over to the circuit court by a committing magistrate, and imprisoned for default in making the required bond, cannot maintain a writ of habeas corpus to secure a remand of his case to the magistrate for trial.</p> <p>3. Justice op the Peace. Criminal procedure. Assault and battery. Death of injured party.</p> <p>Where a defendant is charged, before a justice of the peace, with an assault and battery, and it appears that the death of the injured party resulted from defendant’s blows, it is not improper, but wise, for the magistrate to bind the defendant over to await the action of the grand jury.</p> <p>3. Bail. Excessive. Aggravated assault and battery.</p> <p>A bond in the sum of. $500 is not excessive, where the defendant is charg-ed with an aggravated assault and battery, resulting in death, although he be guilty only of assault and battery, since that crime may be punished by a fine equal to said sum and six months’ imprisonment.</p>