Hill v. State

Citations

• 89 Miss. 23
• 42 So. 380

Syllabus

<p>1. Criminal Law and Procedure. Federal courts. Constitutional right. Buies of decision.</p> <p>Where a motion to quash an indictment for homicide was based on a right claimed under the federal constitution, whether such right was properly pleaded was a federal question, and the state‘court was bound by the federal decisions that, when a defendant has had no opportunity to challenge the grand jury which found the indictment against him, objection to its constitution may be taken either by plea in abatement or motion to quash before pleading in bar.</p> <p>2. Same. Bill of exceptions. Minutes.</p> <p>Where a bill of exceptions recites that a motion to quash an indictment was overruled before plea of not guilty, and the indorsement of the date of the filing of the motion and the date of the overruling order both show that it was overruled after plea, the record will be taken as showing that the motion was overruled after plea of not guilty.</p> <p>3. Same. Lacle of legal advice. Plea ignorantly filed.</p> <p>Where accused was in jail when an indictment was returned against him, and he was arraigned and pleaded not guilty, and on account of his poverty attorneys were appointed to represent him, and it does not appear whether the plea was entered before counsel were appointed or not, but it appears that the arraignment was had and the plea entered before receiving legal advice, a judgment of conviction would be reversed, in order that a plea of not guilty so inadvertently or ignorantly entered may be withdrawn and a motion to quash filed in the case may be heard on its merits.</p> <p>4. Same. Jury. Selection. Objections.</p> <p>An objection to the manner in which petit jurors had been selected for the term of court by the authorized officials is immaterial, where the jury box had been exhausted and the entire jury empaneled to try the case was composed of talesmen selected by the sheriff and his deputies.</p>