Fuller v. State

Citations

• 85 Miss. 199

Syllabus

<p>1. Criminal Law. Charge to grand jury. Code 1893, § 3373. Unlawful sale of intoxicants. Indictment. Quashal.</p> <p>Although the statute, Code 1892, § 2373, requires the circuit judge to charge the grand jury touching its duty, and requires him especially to give in charge the statute against the unlawful sale of intoxicants, it is improper for the judge, directly or indirectly, to designate a particular individual as making such sales. If he does so, and the individual he indicted for the crime, the indictment, on seasonable motion, will he quashed.</p> <p>3. Same. Judicial indiscretion.</p> <p>A conviction for the unlawful sale of intoxicants will be reversed if, on overruling defendant’s application for a continuance, the trial judge, in the presence of jurors, announce that there h’as been much complaint about the failure to convict “these criminals,” and that the court feared it was largely due to continuances.</p>