Letter from Judge J. M. Smiley to Adjutant General John Tyler; November 23, 1868

Documents
Letter from Judge J. M. Smiley to Adjutant General John Tyler; November 23, 1868

Document Network
Document Metadata

Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Sargeant, Unknown Smiley, J. M.Tyler, John

Events

Crime Crime--Murder Criminal Procedure--Indictments The British North America Act, 1867

Organizations

Courts Courts--Circuit Courts Headquarters, Military Judicial Districts Judicial Districts--1st (Hinds County, Miss.)Military Districts--4th (Miss.)Mississippi. Legislature Mississippi. Supreme Court United States District Court (Pontotoc, Miss.)United States. Adjutant-General’s Office

Occupations

Judges

Places

Liberty (Miss.)

Page 1

Liberty Miss 23^rd Nov 1868

John Tyler acting adgt Gen^l,
Head quarters 4 Military District Miss

In reference to the Case presented in the petition of M^r Sargeant there was a difference of Opinion among the judges in reference to Crimes Committed during the war but the High Court of Errors and appeals decided that the State Court had jurisdiction in such cases, And the Circuit Courts of Course are bound to follow that decision as Settling the law on the subject

The legislature of Miss by an act approved 30 ^th Oct 1866 provided that all felonies Crimes & misdemeanors Committed before the 1^st day of June 1865 unless prosecuted by indictment &c within Six months after the passage of the act should be for Ever barred

Page 2

Pamphlet Act 1867 page 17

The murder of Mr Sergeant's father having occured before the 1^st day of June 1865 and no prosecution by indictment having been Commenced the case is barred by the above recited act, and the State courts can take no action in the matter

Respectfully &c

J M Smiley Judge
1^st Judicial Dist Miss