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, Volum 2The compiler, 1872 - 1965 sider |
Inni boken
Resultat 1-5 av 88
Side 1044
... jury composed of nineteen men is an illegal and unauthorized body , and that all their acts are void . It seems to be well settled , that if one of a grand jury be an incompetent and illegal member , that vitiates the whole panel , and ...
... jury composed of nineteen men is an illegal and unauthorized body , and that all their acts are void . It seems to be well settled , that if one of a grand jury be an incompetent and illegal member , that vitiates the whole panel , and ...
Side 1048
... jury should be composed , has , by the acts above referred to , been altered or repealed . The act of 1854 , local in its operation , but made general by that of 1856 , is silent as to the number of the grand jury . And it does not in ...
... jury should be composed , has , by the acts above referred to , been altered or repealed . The act of 1854 , local in its operation , but made general by that of 1856 , is silent as to the number of the grand jury . And it does not in ...
Side 1049
... jury should be composed . The result of this conclusion is , that the grand jury who found the indictment in this case were illegally constituted . And hence , that the judgment should have been arrested , on the motion of the plaintiff ...
... jury should be composed . The result of this conclusion is , that the grand jury who found the indictment in this case were illegally constituted . And hence , that the judgment should have been arrested , on the motion of the plaintiff ...
Side 1051
... jury , it will be too late to object to his competency in this court for the first time . The principal witness against the accused , and whose testimony was necessary to their conviction , was a slave . The accused were also slaves ...
... jury , it will be too late to object to his competency in this court for the first time . The principal witness against the accused , and whose testimony was necessary to their conviction , was a slave . The accused were also slaves ...
Side 1075
... jury is on the state ; and on the trial of such an issue one of the grand jury is incompetent to sit as a petit juror . Every instruction which has not some particular application to the issue before the jury should be refused . The ...
... jury is on the state ; and on the trial of such an issue one of the grand jury is incompetent to sit as a petit juror . Every instruction which has not some particular application to the issue before the jury should be refused . The ...
Vanlige uttrykk og setninger
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
Populære avsnitt
Side 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...
Side 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.
Side 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.
Side 1817 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Side 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,...
Side 1370 - An assault is any attempt or offer, with force or violence, to do a corporal hurt to another...
Side 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.
Side 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...
Side 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.
Side 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.