Fleming v. State

Citations

• 60 Miss. 434

Syllabus

<p>1. CRIMINAL Law. Practice in Supreme Court. Sect. 14SS, Code 1880, construed.</p> <p>Sect. 1433 of the Code of 1880 has the effect to establish the presumption, in every criminal case before the Supreme Court subject to its operation, that the judgment of the court below is correct, unless the appellant can show by the transcript of the record in his ease that he made complaint in the court below of the very matter for which he here assigns error. Spivey v. The State, 58 Miss. 743, approVpd.</p> <p>2. Sa.me. Practice in Supreme Court. Errors not complained of in court below. Case in judgment.</p> <p>B\\ was indicted in the county of T. for murder, in the killing of Gr. On the application of accused, the venue was changed to 0. County. A transcript of the proceedings in the case in Y. County was duly certified by the clerk of the Circuit Court of that county, and forwarded to, and filed in, the office of the circuit clerk of 0. County, where a trial was had which resulted in the conviction of F. He was sentenced to be hung, and appealed to this court. The transcript of the record in this court does not show a proper organization of the Circuit Court of C. County, where the trial was had, or where it was held, or what judge presided, or whether any judge was present. But from the whole record and the clerk’s certificate, it appears that the trial and conviction were had in C. County. The errors assigned in this court have respect to the grand jury, which found the indictment, the organization of the court in the county where the trial and conviction were had, and similar ■ matters, but they were not made grounds of special exception in the court below. Held, that under sect. 1433 of the Code of 1380 the errors assigned cannot be availed of here because not complained of in the court below.</p> <p>3. Same. Instmciion. Reasonable doubt. Supreme Court practice.</p> <p>Though the instruction of the court, in the trial of a charge for murder, in attempting to define and