Magee v. State
Mississippi Supreme Court
¡From the circuit court of Jefferson county. Hon. Motse H. Wilkinson, Judge. Magee, appellant, was indicted for an assault and battery with intent to kill and murder one Lofton, was tried, convicted,, sentenced to the penitentiary for ten years, and appealed to the supreme court. The evidence showed that Lofton, the party assaulted, awakened by some one stealthily moving in his sleeping apartment, arose, and, by the light of a lamp-, discovered a negro man in the room.
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¡From the circuit court of Jefferson county. Hon. Motse H. Wilkinson, Judge. Magee, appellant, was indicted for an assault and battery with intent to kill and murder one Lofton, was tried, convicted,, sentenced to the penitentiary for ten years, and appealed to the supreme court. The evidence showed that Lofton, the party assaulted, awakened by some one stealthily moving in his sleeping apartment, arose, and, by the light of a lamp-, discovered a negro man in the room. The negro evaded Lofton’s effort to seize him, and escaped. As he leaped through a window onto a gallery he fired a pistol at…
1Opinion of the CourtWhitfield, C. J.
The defendant in this case was compelled to put his foot in a track found near the place where the crime is alleged to have been committed, for the purpose of identifying him, and this is *869the sole question having any merit in the cause. This precise question has never yet been adjudicated by this court. Amendment 5 to the Constitution of the United States provides as follows on this point: “Nor shall a defendant be compelled in any criminal case to be a witness against himself.” Section 26 of the Constitution of 1890 of Mississippi provides that in any criminal prosecution, “a defendant shall…
2Cases cited14 opinions
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