Spivey v. State

Citations

• 58 Miss. 743

Syllabus

<p>1. Cbiminal Law. Practice in Supreme Court. Sect. 1433, Code of 1880, construed.</p> <p>The provision of the act on page 200 of the Laws of 1878 was substantially reenacted in sect. 1433 of the Code of 1880, as follows: “No judgment in any criminal case shall be reversed because the transcript of the record does not show a proper organization of the court below, or of the grand jury, or that the prisoner was present in court during the trial or any part of it, or that the court asked him if he had anything to say why judgment should not be pronounced against him upon the verdict; nor shall any such judgment be reversed because of any error or omission in the case in the court below, unless the record shows that the errors complained of were made a ground of special exception in such court.” This provision has the effect to establish the presumption, in every criminal case in this court subject to its operation, that the judgment of the Circuit Court is correct, unless the appellant can show by the transcript of the record in his case that he made complaint in the corn-t below of the particular matter wherein he here assigns error.</p> <p>2. Same. Practice in Supreme Court. Absence of indictment from record.</p> <p>Where the transcript of the record of a criminal case appealed to this court shows that all of the proceedings in the court below were regular, except that it contains no copy of the indictment, this court, under the statutory provision above quoted, will not entertain an objection to the judgment on the ground of such absence of the copy of the indictment, if the record shows that the appellant was tried, found guilty, and sentenced without making an objection as to the absence of the indictment.</p>