Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?
The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.
A: That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather than allow an amendment.
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