Mobley v. State

Citations

• 46 Miss. 501

Syllabus

<p>1. Circuit court — AMENDMENT os’ minutes. — It is competent for the circuit court, at the same term at -which a criminal case is tried, when a motion is made after verdict to arrest judgment, because of the omission of the record of the proceedings to show certain essentials on the trial, to cause the minutes of that term to be corrected so as to show what then actually occurred.</p> <p>2. Officer de facto — acting deputy clerk may lawfully swear jurors and witnesses. —The fact that jurors and witnesses in a criminal case were sworn by one acting at that term of the court as a deputy clerk, but not appointed regularly nor sworn, is not ground for a new trial. It is within art. 194, p. 138, Code of 1857.</p> <p>3. Indictment for rape — immaterial averment which need not be proved. — If an indictment for rape avers that the person injured was a female over ten years of age, it need not be proved, for it is not an ingredient in the offense. Otherwise in an indictment for violating a person under ten years of age.</p>