Caldwell v. State

• Court: Mississippi Supreme Court
• Writing for the Court: Anderson, J.
• Citation: Caldwell v. State, 176 Miss. 80, 167 So. 779 (Miss. 1936)
• Decision Date: 04 May 1936
• Docket Number: 32119
• Parties: CALDWELL v. STATE

167 So. 779

176 Miss. 80

CALDWELL v. STATE

No. 32119

Supreme Court of Mississippi

May 4, 1936

Division B

1. CRIMINAL LAW.

Sixth Amendment to Federal Constitution respecting rights of persons accused of crime has no application to state action is not a limitation on powers of states, and is confined alone to federal action (Const. U.S. Amend. 6).

2. CRIMINAL LAW.

Statute providing for venue in county in which death happens where mortal stroke or cause of death occurs in another state or country and death happens in Mississippi held not unconstitutional (Code 1930, sec. 1187).

3. CRIMINAL LAW.

Where fatal blow occurred in Tennessee and deceased died in Mississippi, Mississippi court had jurisdiction of murder prosecution, though assault prosecution had been previously instituted in Tennessee, and statute provided that when offense is committed partly in one county and partly in another, jurisdiction shall be in county where prosecution shall be first begun, since statute did not refer to interstate crimes (Code 1930, sec. 1186).

HON THOS. H. JOHNSTON, Judge.

APPEAL from circuit court of Tishomingo county HON. THOS. H JOHNSTON, Judge.

Holbert Caldwell was convicted of murder, and he appeals. Affirmed.

Affirmed.

C. B. Wright, of Belmont, for appellant.

The statute upon which said indictment was predicated and the state relied upon for conviction is unconstitutional and in violation to the 6th Amendment to the Constitution of the United States of America.

I am unable to see and conceive of the idea that the State of Mississippi has jurisdiction of a crime that was committed in the State of Tennessee, which the state admitted when they filed their demurrer to the plea to the jurisdiction of the court.

6th Amendment of the Constitution of the United States.

It is a well settled rule as laid down in 12 C. J. 1203, section 972, "the established principles of law must be adhered to in all matters affecting jurisdiction and venue and departure from them constitutes a denial of due processes of law."

State v. Doherty, 60 Me. 504; Stout v. State, 76 Md. 317.

No crime committed within the territory limits of one sovereign state can be tried in another, for penal laws of every sovereign state are in the strictest sense local, and cannot therefore be enforced by tribunals of any other state.

16 C. J. 185.

The State of Tennessee first acquired jurisdiction of the appellant by having charges filed against him and apprehended on said charges by the authorities in the State of Tennessee. Having the jurisdiction of said appellant, then the courts of the State of Mississippi had no jurisdiction to try said cause.

Adkinson v. State, 96 So. 310.

W. D. Conn, Jr., Assistant Attorney-General, for the state.

With reference to appellant's contention that the statute violates Article VI of the Amendments to the Federal Constitution, such argument may be wholly dismissed with the observation that this amendment has nothing to do with state courts. This amendment was intended exclusively to apply to the powers exercised by the government of the United States, whether by Congress or by the judiciary and not as a limitation upon the powers of the states.

Ellenbecker v. Plymouth County, 134 U.S. 35, 33 L.Ed. 801; Ughbanks v. Armstrong, 208 U.S. 481, 52 L.Ed. 582; Howard v. Kentucky, 200 U.S. 164, 50 L.Ed. 421; U.S.C. A. Constitution, Part 2, page 567, Note 2.

Our statute, section 1187, Code of 1930, is but declaratory of the common law on the proposition of venue.

8 R. C. L. 101; Atkinson v. State, 132 Miss. 377, 96 So. 310; Wharton on Homicide (3 Ed.), sec. 555, page 826.

Our statute does not violate the Mississippi Constitution.

Atkinson v. State, 132 Miss. 377, 96 So. 310.

The sovereign state of Mississippi has the right to declare what acts shall be considered criminal here.

State v. Cunningham, 102 Miss. 237, 59 So. 76; Hyatt v. Cockran, 188 U.S. 691, 47 L.Ed. 657.

The State of Mississippi had jurisdiction of the offense, as well as jurisdiction of the defendant, and the circuit court could not be compelled to surrender its prisoner to Tennessee, merely because it might be shown that an affidavit charging crime had been filed with some Tennessee court prior to the time the defendant was arrested in Mississippi.

Under our statute, section 1187, Code of 1930, the circuit court of Tishomingo County had jurisdiction of the offense (the place deceased died) and jurisdiction of the offender (he was in its custody). The statute is constitutional and there is no doubt but that that court was authorized to enter a valid judgment against the prisoner.

OPINION

Anderson, J.

Appellant was indicted, tried, and convicted in the circuit court of Tishomingo county for the murder of one Ed Johnson, and sentenced to the penitentiary for life; the jury having returned a verdict of guilty, but disagreeing as to the punishment.

The fatal blow that resulted in Johnson's death occurred in Hardin county, Tenn.; he died the next day in Tishomingo county, in this state. Appellant fled to Tishomingo county, and was there apprehended. Johnson's death was caused by two blows on the head with a cue wielded by appellant. The evidence for the state was ample to sustain the conviction.

We have here, therefore, a crime begun in Tennessee and consummated in Mississippi. Appellant plead to the jurisdiction of the court, in substance, as follows: That the indictment and prosecution in this state were in violation of the Sixth Amendment to the Federal Constitution; that the crime was committed in Tennessee and no part of if in this state, although Johnson died in this state; and that before appellant was apprehended in this state a prosecution had been instituted against him in Tennessee charging him with assault and battery and intent to kill and murder Johnson, "of which the authorities in Tishomingo County had knowledge."

The Sixth Amendment to the Federal Constitution provides that in all criminal...