Williamson v. State

Citations

• 64 Miss. 229

Syllabus

<p>1. Venue. Change of. Trial on indictment. Section 3063, Code 1880. Criminal practice.</p> <p>On a change of venue in a criminal case the defendant cannot be tried on the original indictment, but only on a properly certified copy thereof, by virtue of l 3063, Code of 1880, which provides that “ the defendant, on the change of venue, as aforesaid, shall be tried on a copy of the indictment so certified, as aforesaid.” Brooming v. The State, 30 Miss. 656, cited.</p> <p>2. Cbiminai, Law. Change of venue. Indictment without indorsements. Case in judgment.</p> <p>W. was indicted for murder in the county of U. The venue was changed to the . county of T. The transcript sent by the clerk of the county of U. to the court of T. County contained an indictment without any indorsements of “filing,” etc., which are made, by § 3006, Code of 1880, evidence of an indict- , ment being found and presented to the court. The defendant objected to being tried upon such indictment, but his'objection was overruled, and he was tried and convicted. Held, that the defendant is entitled to a new trial because of the error in trying him upon such indictment.</p>