Gaiter v. State

Citations

• 45 Miss. 441

Syllabus

<p>1. Record—what it must contain in criminad cases.—In criminal cases the record should show distinctly, leaving as little as possible to inference or presumption, all the proceedings in the several stages of the prosecution, trial and sentence.</p> <p>2. Same. —The record in a capital case being silent as to all the intermediate dates between the ninth and the twenty-fouth of the month at one term, and between the fourteenth of one month and the fifth of the next, at another, and failing to show distinctly that the grand jury wa3 organized; or that the grand jury presented the indictment; or that the prisoner was present in proper person at the trial; or that after being found guilty of murder was asked if he had any thing to say why sentence of death should not be pronounced against him, is so defective as to vitiate a conviction and entitle, the prisoner to a new trial.</p>