Moriarty v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. On the 30th of May, 1883, John Moriarty was indicted upon the charge of having murdered J. W. Ricketts on the 9th of' April, 1883. In impaneling the jury, John W. Powell, who was examined as to his competency, stated that he had formed an opinion, from talking with some of the witnesses, as to the charge against the-defendant, but that he could try the case impartially upon the evidence, as though he…
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Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. On the 30th of May, 1883, John Moriarty was indicted upon the charge of having murdered J. W. Ricketts on the 9th of' April, 1883. In impaneling the jury, John W. Powell, who was examined as to his competency, stated that he had formed an opinion, from talking with some of the witnesses, as to the charge against the-defendant, but that he could try the case impartially upon the evidence, as though he had never formed an opinion or had any impression in respect to the matter; The court declared him competent and the…
1Opinion of the CourtArnold, J.
On the facts of record we find no error in the instructions given to the jury for the State, and we commend the discretion and the just conception of official duty which combinedall the law necessary for the prosecution in the case in four brief and simple instructions.
If it be conceded that Powell was not a competent juror under § 3072 of the code, the appellant has no cause of complaint on this account after he accepted and enjoyed the bounty of an additional peremptory challenge tendered to him by the State.
The objection of the district attorney to the testimony of the witness Pepper on…
2Cases cited3 opinions
- Spivey v. StateMississippi Supreme Court · 1881
- Holly v. StateMississippi Supreme Court · 1877
- Scott v. StateMississippi Supreme Court · 1879
3Cited by12 opinions
- Shinall v. StateMississippi Supreme Court · 1967
- Daniel v. StateSupreme Court of Georgia · 1897
- McCoy v. StateMississippi Supreme Court · 1907
- Sprinkle v. StateMississippi Supreme Court · 1925
- Stoop v. StateMississippi Supreme Court · 1988
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