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 89
Page 1085
... presumption , originating in necessity , it but accords with reason that it should be indulged only while the necessity exists . As a general rule , all legal presumptions must yield to fact , or , in other words , to testimony which ...
... presumption , originating in necessity , it but accords with reason that it should be indulged only while the necessity exists . As a general rule , all legal presumptions must yield to fact , or , in other words , to testimony which ...
Page 1086
... presumptions , weak as they may appear , are nevertheless as strong as any presumptions , aside from the act of ... presumption of inno- cence or of acting according to law does not render it incumbent on the other side to prove a ...
... presumptions , weak as they may appear , are nevertheless as strong as any presumptions , aside from the act of ... presumption of inno- cence or of acting according to law does not render it incumbent on the other side to prove a ...
Page 1088
... presumption of innocence , or of acting according to law , will not render incumbent on the other side to prove the negative . Ros- coe's Crim . Ev . , 72 ( 2d edit . ) . And where a party was con- victed of selling ale without license ...
... presumption of innocence , or of acting according to law , will not render incumbent on the other side to prove the negative . Ros- coe's Crim . Ev . , 72 ( 2d edit . ) . And where a party was con- victed of selling ale without license ...
Page 1092
... presumption that they were rightly done ; and because of the great improbability that if they had not been done , exception would have been dis- tinctly made on that ground . But the position taken in behalf of the plaintiff in error is ...
... presumption that they were rightly done ; and because of the great improbability that if they had not been done , exception would have been dis- tinctly made on that ground . But the position taken in behalf of the plaintiff in error is ...
Page 1110
... presumption may be rebutted by proof from the cir- cumstances under which the weapon is used . 7. The law presumes every man innocent until his guilt is established ; and it devolves upon the state , in the present case , to prove the ...
... presumption may be rebutted by proof from the cir- cumstances under which the weapon is used . 7. The law presumes every man innocent until his guilt is established ; and it devolves upon the state , in the present case , to prove the ...
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.