Smith v. Mississippi
Citations
- 162 U.S. 592
- 16 S. Ct. 900
- 40 L. Ed. 1082
- 1896 U.S. LEXIS 2234
Syllabus
<p>An affidavit to a petition for removal filed under section 641 of the Revised Statutes, to the effect that the facts therein stated are true to the best of the knowledge and belief of the accused, is not evidence in support of a motion to quash the indictment, unless the prosecutor agrees that it may be so used,' or unless by the order of the trial court it is treated as evideuce.</p> <p>A motion to quash an indictment against a person of African descent upon the ground that it was found by a grand jury from which were excluded because of their race persons of the race to which the accused belongs can be sustained only by evidence independently of the facts stated in the motion to quash.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the argument of counsel is not evidence and, standing alone, provides no support for a finding of fact
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan, After Stating the Case
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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