Williamson v. State
Williamson v. State
Opinion of the Court
delivered the opinion of the court.
It appears from the record that' appellant was tried on the original indictment found in Union County contrary to § 3063 of the code, which provides that, on change of venue, the defendant shall be tried on a certified copy of the indictment. Under that section of the code a defendant, on change of venue, must be tried on a copy of the indictment, certified according to the statute. Such was the conclusion reached by this court at a time when the statute was silent as to whether the trial, in such case, should be on the original indictment or a certified copy thereof. Browning v. The State, 30 Miss. 656. There was no authority of law to send the original indictment from Union to Tippah County. Under our statutes, it could perform no office in the latter county. On a change of venue in a criminal cause, the certified transcript and papers required to be transmitted to the county to which the trial is removed become and are taken as the original record, papers, and proceedings in the cause, and they have the same force and effect as the originals.
On this branch of the subject another defect appears in the record. What purports to be the indictment upon which appellant was tried is without entries or indorsements thereon. It wants the marking “ filed,” with the date thereof signed by the clerk, which § 3006 of the code makes the evidence of an indictment being found and presented to the court. A paper, with proper entries and indorsements for'such indictment, is in the record, but neither the clerk of Union nor Tippah County certifies that it contains the entries and indorsements on the indictment, or that it is any part
Reversed and remanded.
Reference
- Full Case Name
- J. W. Williamson v. State
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Venue. Change of. Trial on indictment. Section 3063, Code 1880. Criminal practice. 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. 2. Cbiminai, Law. Change of venue. Indictment without indorsements. Case in judgment. 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.