Stoughton v. State

Citations

• 21 Miss. 255

Syllabus

<p>The statute (Hutch. Code, 893), which makes instructions of the circuit court parts of the record without bill of exceptions, does not apply to criminal cases.</p> <p>It seems doubtful whether, if a mortai blow were given in one county, and the death happened in another, the party killing could be indicted at common law in either county.</p> <p>However- that may be, in this state, by express statute, Rev. Code (Poindexter), 314, the party may be indicted in the county wherein the death took place; and, in the absence of clear authority at the common law for indicting him in the county where the mortal blow was given, an indictment there could not be sustained.</p> <p>And a prisoner convicted under such an indictment would be remanded to the county where the death occurred, for a new indictment.</p>