Davis v. State
Mississippi Supreme Court
Feom the circuit court, first district of Hinds county. Hon. Robert Powell, Judge. The appellant and one Baxter were jointly indicted for unlawfully selling whisky; the evidence was confined to a sale made by McCracken, as agent of defendants, to one Roach.
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Feom the circuit court, first district of Hinds county. Hon. Robert Powell, Judge. The appellant and one Baxter were jointly indicted for unlawfully selling whisky; the evidence was confined to a sale made by McCracken, as agent of defendants, to one Roach. The first instruction for the state was in these words, viz.: “ 1. The court instructs the jury that on a trial of two or more persons jointly indicted, the jury may render a verdict of guilty or not guilty as to one of the defendants, and as to the other they may disagree, and by the court be discharged, without a verdict as to all,…
1Opinion of the CourtWhitfield, J.
The appellant in this case was jointly indicted with one Baxter for a sale of intoxicating liquors in violation of law. Only one witness was introduced by the state as to the sale. His testimony was, in all respects and in every detail, identically the same against one defendant as against the other. And yet the jury, trying both together, on an indictment charging a single sale, on evidence equally affecting both, delivered by the same witness — ■ there being but this one witness as to the sale — convicted one and *640disagreed as to the other. We have found but three oases directly in point:…
2Cases cited2 opinions
- Mask v. StateMississippi Supreme Court · 1872
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1815
3Cited by6 opinions
- People v. TalbotCalifornia Supreme Court · 1934
- Newell v. StateMississippi Supreme Court · 1975
- York v. StateIndiana Court of Appeals · 1978
- State v. QuilliamMontana Supreme Court · 1939
- State v. WardNew Mexico Supreme Court · 1924
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