Mississippi State Cases: Being Criminal Cases Decided in the High Court of Errors and Appeals, and in the Supreme Court, of the State of Mississippi : from the June Term 1818 to the First Monday in January 1872, Inclusive, Volume 2 |
From inside the book
Results 1-5 of 83
Page 1064
... felony shall be punished , the statute goes on to provide , " that in every such case , such larceny may be charged to have been committed in any town , city or county into or through which such stolen property shall have been brought ...
... felony shall be punished , the statute goes on to provide , " that in every such case , such larceny may be charged to have been committed in any town , city or county into or through which such stolen property shall have been brought ...
Page 1108
... felony upon him or William Smith , or both , and that whilst there engaged in carrying out such intention , defendant shot and killed Susan Elizabeth Smith , the jury will find him guilty of murder . 2. Murder is the unlawful killing of ...
... felony upon him or William Smith , or both , and that whilst there engaged in carrying out such intention , defendant shot and killed Susan Elizabeth Smith , the jury will find him guilty of murder . 2. Murder is the unlawful killing of ...
Page 1109
... felony upon him , and killed in that attempt the deceased , either acci- dentally or wilfully , they will find him guilty of murder . The following instructions were given , as asked by the pris- oner : 1. If the jury have any ...
... felony upon him , and killed in that attempt the deceased , either acci- dentally or wilfully , they will find him guilty of murder . The following instructions were given , as asked by the pris- oner : 1. If the jury have any ...
Page 1110
... felony , and that such killing was done strictly in prosecution of the purpose for which the party was assembled . The court refused to give the following instructions as asked by the prisoner , but gave them with the subjoined modifica ...
... felony , and that such killing was done strictly in prosecution of the purpose for which the party was assembled . The court refused to give the following instructions as asked by the prisoner , but gave them with the subjoined modifica ...
Page 1111
... felony , and after this intention was consummated he accidentally shot and killed the deceased , they cannot find him guilty as charged . " The judge modified the 9th charge as follows : " Unless the accidental killing happened so ...
... felony , and after this intention was consummated he accidentally shot and killed the deceased , they cannot find him guilty as charged . " The judge modified the 9th charge as follows : " Unless the accidental killing happened so ...
Common terms and phrases
37 Miss accused acquitted aforesaid alleged appear arrest assault authority bail Beall bill cause charged circuit court circumstances cited Code committed common law confession constitution conviction corpus delicti counsel court erred crime criminal deceased defendant defendant's demurrer discharge district attorney entry evidence facias fact felony fendant Form of indictment grand jury granted Greenl ground guilty Holly Springs homicide intent Josephine judge judgment jurors jury believe killing larceny license malice malice aforethought manslaughter matter ment Mississippi motion murder negro objection offense overruled party person plaintiff in error plea plea in abatement pleaded presumption prisoner proof prosecution proved punishment quash question reasonable doubt recognizance record refused rule scire facias Selser sheriff slave spirituous liquors statute sufficient T. J. Wharton term testified testimony tion trial unlawfully venire verdict vinous and spirituous witness writ of error Yalobusha county
Popular passages
Page 1222 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 1736 - That the framers of the constitution did not intend to restrain the States in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us is not to be so construed, may be admitted.
Page 1183 - We think, that in all cases of this nature, the law has invested Courts of justice with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or "the ends of public justice would otherwise be defeated.
Page 1817 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 1183 - ... manifest necessity for the act, or the ends of public justice would otherwise be defeated. They are to exercise a sound discretion on the subject; and it is impossible to define all the circumstances, which would render it proper to interfere. To be sure, the power ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes; and in capital cases especially, courts should be extremely careful how they interfere with any of the chances of life,...
Page 1370 - An assault is any attempt or offer, with force or violence, to do a corporal hurt to another...
Page 1786 - French, did then and there feloniously and willfully kill, contrary to the form of the statute in such case made and provided, and against the peace of the people of the state of New York and their dignity.
Page 1651 - And thus far, touching the forms of indictment, wherein generally we are to take notice that in favour of life great strictnesses have been in all times required in points of indictments, and the truth is, that it is grown to be a blemish and inconvenience in the law, and the administration thereof; more offenders escape by the over-easy ear given to exceptions in indictments, than by their own innocence...
Page 1430 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 1922 - Express malice is when one, with a sedate deliberate mind and formed design, doth kill another : which formed design is evidenced by external circumstances discovering that inward intention; as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm.