Jeff v. State
Mississippi Supreme Court
Error to Panola circuit court. Thompson, J. The plaintiff in error, Jeff, a slave, was indicted for an assault and battery on one John Ballant-ine, his master, with intent to till and murder. Upon a former trial he was convicted, and upon a writ of error to this court the judgment was reversed and remanded. He was again arraigned in the court below for trial on the plea of not guilty.
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Error to Panola circuit court. Thompson, J. The plaintiff in error, Jeff, a slave, was indicted for an assault and battery on one John Ballant-ine, his master, with intent to till and murder. Upon a former trial he was convicted, and upon a writ of error to this court the judgment was reversed and remanded. He was again arraigned in the court below for trial on the plea of not guilty. The evidence on both trials was the same, which will be found fully set forth in a report of the first ease, 37 Miss., 321. For the state, the court instructed the jury as follows': 1. If any slave shall commit…
1Opinion of the Court
Harris, J.:
The main points presented in this cause were fully considered and determined by this court when the case was here before. They were then carefully examined, and the result of the examination of the various authorities briefly stated. The case was then reversed, because the court had instructed the jury that if the plaintiff in error “made an assault and battery upon his *1427master or employer with a deadly weapon,,and not in necessary self-defense, then they will find him guilty as charged; ” thereby excluding the intent as a question of fact from the consideration of the jury.
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2Cases cited1 opinion
- Jeff v. StateMississippi Supreme Court · 1872
3Cited by6 opinions
- Johnson v. StateMississippi Supreme Court · 1984
- Hawthorne v. StateMississippi Supreme Court · 1881
- Lee v. StateMississippi Supreme Court · 1962
- Tillman v. StateMississippi Supreme Court · 1955
- Holden v. StateMississippi Supreme Court · 1956
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