Kirk v. State

Citations

• 21 Miss. 406

Syllabus

<p>Under the statutes and decisions in this state, it is a defect fatal to an indictment that no prosecutor is marked on it; for which, even after verdict, new trial refused below, sentence there, and writ of error to the high court of errors and appeals, the indictment will be quashed, and the prisoner remanded for a new indictment.</p> <p>Under the statutes of this state, but one witness is requisite to a will of personalty ; and such will may be admitted to probate on proof by one witness, though there may be other witnesses to the. will whose proof is not taken.</p> <p>Wills upon probate are required by the statute to be kept in the court of probates, and authenticated copies of them are made evidence in any court of the state; where, therefore, on a criminal trial, it becomes necessary to give evidence of such will, an authenticated copy will be sufficient.</p>