ball
argued
decided
may
asst
atty
dickinson
justice
gray
delivered
opinion
october
term
circuit
eastern
district
texas
grand
jury
returned
indictment
millard
fillmore
ball
john
ball
robert
boutwell
murder
william
box
alleging
defendants
white
men
indians
june
pickens
county
chickasaw
nation
indian
territory
unlawfully
feloniously
malice
aforethought
deadly
weapon
wit
gun
held
hands
loaded
charged
gunpowder
leaden
balls
make
assault
upon
body
william
box
shoot
discharge
contents
said
gun
upon
body
said
william
box
inflicting
thereon
ten
mortal
wounds
mortal
wounds
said
william
box
languish
languishing
die
upon
indictment
three
defendants
arraigned
pleaded
guilty
tried
together
upon
issues
joined
trial
began
wednesday
october
proceeded
day
day
saturday
november
jury
retired
consider
verdict
verdict
returned
usual
hour
adjournment
kept
open
receive
verdict
sunday
november
jury
returned
verdict
follows
jury
find
defendants
ball
boutwell
guilty
charged
indictment
find
fillmore
ball
guilty
day
made
following
order
therefore
considered
defendants
ball
boutwell
guilty
charged
indictment
herein
found
jury
ordered
remanded
custody
marshal
committed
county
jail
lamar
county
await
judgment
sentence
ordered
defendant
ball
discharged
go
hence
without
day
afterwards
term
john
ball
robert
boutwell
adjudged
guilty
sentenced
death
sued
writ
error
assignment
errors
filed
circuit
appears
record
transmitted
case
specified
among
things
legal
indictment
returned
respondents
indictment
tried
alleges
said
william
box
died
errors
stated
apparent
upon
record
herein
respondents
pray
judgment
reversed
cause
remanded
new
trial
brief
filed
behalf
concluded
submitting
judgment
reversed
indictment
dismissed
upon
writ
error
october
term
held
indictment
although
sufficiently
charging
assault
yet
reason
failing
aver
either
time
place
death
box
fatally
defective
support
sentence
murder
therefore
reversed
judgments
john
ball
robert
boutwell
remanded
case
directions
quash
indictment
take
proceedings
relation
justice
ight
appertain
ball
sup
april
term
circuit
indictment
dismissed
grand
jury
returned
three
defendants
new
indictment
one
like
former
one
except
charging
assault
malice
aforethought
loaded
gun
upon
box
june
pickens
county
indian
territory
went
charge
three
defendants
shoot
discharge
contents
said
gun
upon
body
said
william
box
inflicting
thereon
mortal
wound
mortal
wound
said
william
box
languish
languishing
instantly
die
die
within
year
day
infliction
said
mortal
wound
aforesaid
indictment
defendant
millard
ball
filed
plea
former
jeopardy
former
acquittal
relying
upon
trial
verdict
acquittal
order
discharge
upon
former
indictment
certified
copy
record
proceedings
upon
annexed
made
part
plea
defendants
john
ball
boutwell
filed
plea
former
jeopardy
reason
trial
conviction
upon
former
indictment
dismissal
indictment
pleas
overruled
three
defendants
severally
pleaded
guilty
trial
appeared
william
box
killed
june
defendants
offered
evidence
record
proceedings
upon
former
indictment
admitted
parties
offense
charged
former
indictment
charged
present
indictment
one
transaction
offense
wit
killing
box
three
defendants
defendants
two
indictments
persons
writ
error
ever
sued
upon
judgment
order
entered
upon
former
indictment
millard
ball
circuit
among
instructions
instructed
jury
find
pleas
former
jeopardy
decided
former
indictment
insufficient
indictment
murder
jury
returned
verdict
guilty
murder
three
defendants
adjudged
guilty
accordingly
sentenced
death
thereupon
sued
writ
error
first
matter
considered
effect
acquittal
millard
ball
jury
upon
trial
former
indictment
england
acquittal
upon
indictment
defective
objected
trial
motion
arrest
judgment
writ
error
supported
conviction
sentence
generally
considered
insufficient
support
plea
former
acquittal
hale
hawk
starkie
cr
pl
ed
chit
cr
law
archb
cr
pl
ev
ed
russ
crimes
ed
general
tendency
opinion
country
effect
greenl
ev
bish
cr
law
cases
cited
foundation
doctrine
vaux
case
coke
william
vaux
duly
indicted
murder
nicholas
ridley
persuading
drink
poisoned
potion
pleaded
former
acquittal
record
set
forth
similar
indictment
alleging
ridley
knowing
potion
poisoned
confiding
persuasion
vaux
took
drank
without
saying
drank
said
potion
plea
guilty
special
verdict
finding
ridley
killed
taking
poison
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present
took
judgment
rendered
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verdict
murder
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go
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day
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die
upon
hearing
plea
autrefois
cquit
queen
bench
opinion
vaux
principal
although
present
ridley
took
poison
indictment
insufficient
expressly
alleging
ridley
drank
poison
indictment
case
insufficient
reason
legitimo
modo
acquietatus
life
party
judgment
law
ever
jeopardy
yet
decision
vaux
case
treated
lord
coke
lord
hale
maintainable
upon
ground
judgment
upon
first
indictment
quod
eat
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die
might
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well
insufficiency
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defendant
guilty
offense
lord
hale
clearly
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judgment
quod
eat
inde
quietus
go
insufficiency
indictment
must
go
matter
verdict
perpetual
discharge
inst
hale
starkie
observed
doctrine
expounded
case
appear
consist
general
principle
plea
autrefois
acquit
said
depend
since
acquittal
upon
special
verdict
leave
defendant
exposed
second
prosecution
whenever
formal
flaw
detected
first
indictment
subsequent
period
starkie
cr
pl
note
leading
american
case
people
barrett
johns
majority
consisting
chief
justice
kent
justices
thompson
spencer
followed
english
authorities
justices
livingston
tompkins
strongly
dissented
reasons
fully
stated
justice
livingston
distinguishing
cases
upon
first
trial
general
verdict
acquittal
jury
special
verdict
upon
discharged
defendant
well
cases
defendant
suggested
imperfection
first
indictment
thereupon
obtained
judgment
favor
said
defendants
availed
imperfection
judgment
effect
pronounced
case
short
presents
novel
spectacle
public
officer
whose
business
frame
correct
bill
openly
alleging
inaccuracy
neglect
reason
second
trial
pretended
merits
fairly
issue
first
party
shall
deprived
benefit
acquittal
jury
suggestion
kind
coming
officer
drew
indictment
seems
comport
universal
humane
principle
criminal
law
man
shall
brought
danger
offense
like
permitting
party
take
advantage
wrong
practice
tolerated
trials
accused
end
conviction
take
place
whether
indictment
good
otherwise
ten
one
judgment
passes
read
bill
probable
penetration
enough
discern
defects
counsel
assigned
content
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substance
charge
without
looking
hardly
accord
think
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examine
indictment
detect
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many
hundreds
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prison
erroneous
indictments
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tried
merits
reverse
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suppose
acquittal
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place
prosecutor
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tell
indictment
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venue
deficient
particulars
therefore
right
second
chance
convicting
prisoner
toties
quoties
johns
com
purchase
pick
chief
justice
parker
speaking
doctrine
allows
man
ried
acquitted
indictment
substantially
bad
said
suggested
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jeopardy
presumed
discover
defect
time
prevent
judgment
bottomed
upon
assumed
infallibility
courts
admitted
case
rev
mass
provisions
inserted
commissioners
reported
said
define
determine
far
may
cases
former
acquittal
shall
shall
bar
subsequent
prosecution
offense
follows
person
shall
held
answer
second
indictment
offence
acquitted
jury
upon
facts
merits
former
trial
acquittal
may
pleaded
bar
subsequent
prosecution
offence
notwithstanding
defect
form
substance
indictment
acquitted
person
indicted
offence
shall
trial
acquitted
upon
ground
variance
indictment
proof
upon
exception
form
substance
indictment
may
arraigned
new
indictment
may
tried
convicted
offence
notwithstanding
former
acquittal
similar
statutes
passed
lead
cr
cas
ed
american
decisions
english
doctrine
followed
based
upon
english
authorities
nothing
added
way
reasoning
full
consideration
importance
question
demands
doctrine
appears
us
unsatisfactory
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proceeds
well
unjust
operation
upon
accused
crime
question
first
time
presented
unable
resist
conclusion
general
verdict
acquittal
upon
issue
guilty
indictment
undertaking
charge
murder
objected
verdict
insufficient
respect
bar
second
indictment
killing
constitution
fifth
amendment
declares
shall
person
subject
twice
put
jeopardy
life
limb
prohibition
twice
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jurisdiction
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like
proceedings
case
absolutely
void
therefore
bar
subsequent
indictment
trial
jurisdiction
offense
com
peters
metc
mass
hawk
bish
cr
law
although
indictment
fatally
defective
yet
jurisdiction
cause
party
judgment
void
voidable
writ
error
avoided
collaterally
impeached
judgment
upon
verdict
guilty
unreversed
stands
good
warrants
punishment
defendant
accordingly
discharged
writ
habeas
corpus
ex
parte
parks
judgment
upon
acquittal
defendant
indeed
seek
reversed
government
sanges
sup
fact
judgment
jurisdiction
case
practically
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affords
reason
allowing
validity
conclusiveness
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another
case
former
indictment
set
forth
charge
murder
although
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requisite
fullness
precision
verdict
jury
trial
upon
issue
guilty
guilty
acquitted
millard
ball
whole
charge
murder
well
less
offense
included
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rev
thereupo
discharged
circuit
reason
acquittal
jury
reason
insufficiency
indictment
clearly
shown
fact
order
discharged
committed
defendants
found
guilty
verdict
custody
await
sentence
afterwards
adjudged
guilty
sentenced
death
upon
indictment
millard
ball
acquittal
verdict
jury
deprived
legitimate
effect
subsequent
reversal
judgment
defendants
upon
writ
error
sued
true
verdict
finding
john
ball
robert
boutwell
guilty
charged
indictment
finding
millard
ball
guilty
returned
sunday
well
order
thereupon
made
considered
first
two
defendants
guilty
charged
indictment
found
jury
remanded
custody
await
judgment
sentence
millard
ball
discharged
go
without
day
made
day
order
indeed
ready
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effect
judgment
two
defendants
convicted
judgment
lawfully
entered
sunday
ball
sup
bl
comm
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ministerial
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day
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van
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law
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watts
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people
gilman
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english
strob
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silcox
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sanges
sup
com
tuck
pick
west
state
law
lead
cr
cas
reasons
verdict
acquittal
conclusive
favor
millard
ball
judgment
must
reversed
judgment
rendered
upon
plea
former
acquittal
therefore
becomes
unnecessary
consider
questions
raised
trial
affect
millard
ball
proceed
consider
affecting
defendants
john
ball
robert
boutwell
plea
former
conviction
sustained
upon
writ
error
sued
judgment
sentence
reversed
indictment
ordered
dismissed
far
taken
steps
set
aside
proceedings
former
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sentence
therein
held
bar
new
indictment
need
considered
quite
clear
defendant
procures
judgment
upon
indictment
set
aside
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anew
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hopt
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cox
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gray
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former
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jury
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bad
two
defendants
moved
tried
separately
millard
ball
previously
acquitted
government
relied
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ball
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box
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home
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late
night
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gun
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defendant
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ball
marshal
exclusive
control
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defendants
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shot
requested
permission
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gun
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presence
deputy
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defendants
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midst
trial
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within
discretion
grounds
motion
arrest
judgment
argued
indictment
allege
box
died
wound
charged
inflicted
upon
body
defendants
died
place
within
jurisdiction
indictment
alleged
defendants
pickens
county
indian
territory
june
shooting
loaded
gun
inflicted
upon
body
box
mortal
wound
mortal
wound
said
william
box
languish
languishing
instantly
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charge
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question
law
affecting
defendants
john
ball
robert
boutwell
presented
copy
record
submitted
stipulation
counsel
agreed
contain
everything
material
judgment
reversed
millard
ball
affirmed
defendants