Legal Opinion

Jeff v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 7 opinions

■ Error to Panola circuit court. Thompson, J. The plaintiff in error was indicted in the court below, for an assault and battery on one John Ballentine, a free white person, with intent to till, and in resistance of legal chastisement. In the first count Ballentine was described as the master, and in the second as the employer of the plaintiff in error. To this indictment the prisoner pleaded not guilty.

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■ Error to Panola circuit court. Thompson, J. The plaintiff in error was indicted in the court below, for an assault and battery on one John Ballentine, a free white person, with intent to till, and in resistance of legal chastisement. In the first count Ballentine was described as the master, and in the second as the employer of the plaintiff in error. To this indictment the prisoner pleaded not guilty. On the triál John Ballentine testified that, in March, 1859, he had cause to correct the prisoner, and went into the garden where he was at work, and told the prisoner that he wanted to have…

1Opinion of the Court

Harris, J.:

An indictment was returned against tbe plaintiff in error for an assault upon a white person with intent to kill, which contains two counts. Tbe first count Charges that tbe assault was made upon tbe master. The second count charges that the assault was made upon the employer; and it is first insisted in argument, by counsel for the plaintiff in error, that the proof supports neither count in the indictment, in this respect. We think the proof on this point fully sufficient.. It is insisted, again, that the instructions asked by tbe state, and given by tbe court, were erroneous,-…

2Cited by7 opinions

  1. State v. RogersNew Mexico Supreme Court · 1926
  2. Jeff v. StateMississippi Supreme Court · 1872
  3. People v. PisanoAppellate Division of the Supreme Court of the State of New York · 1911
  4. Howard v. StateMississippi Supreme Court · 1951
  5. Wright v. StateMississippi Supreme Court · 1950

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