Legal Opinion

Brown v. State

Mississippi Supreme Court

Decided April 15, 1906PublishedCited by 21 opinions

From the circuit court of, first district, Carroll county. Hon. J. T. Dunn, Judge. Brown, the appellant, was indicted for tbe murder of Murdee Williams, by the grand jury of Montgomery county, where tbe homicide took place. lie was tried in that county, convicted, and sentenced to suffer death, from which he appealed to the supreme court — the first appeal, where the conviction ivas reversed and a new trial granted. Brown v. State, 83 Miss., 645 (s.o., 36 South..

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From the circuit court of, first district, Carroll county. Hon. J. T. Dunn, Judge. Brown, the appellant, was indicted for tbe murder of Murdee Williams, by the grand jury of Montgomery county, where tbe homicide took place. lie was tried in that county, convicted, and sentenced to suffer death, from which he appealed to the supreme court — the first appeal, where the conviction ivas reversed and a new trial granted. Brown v. State, 83 Miss., 645 (s.o., 36 South.. Rep., 73). The venue having been changed to the first district of Carroll county, the appellant was tried a second time and was…

1Opinion of the CourtCa-liioon, J.

We said, when this case was before us on a former appeal (85 Miss., 511; 37 South. Rep., 957), and we repeat again: “The record in this case makes it perfectly plain that the justice of the case required, after the state had been permitted to prove that such difficulty had occurred, that the defendant should be allowed to show the details of the difficulty in order to demonstrate who was the aggressor in the difficulty resulting in the killing.” It is true that on the trial, the proceedings of which are presented in the present record, the state did not itself prove that the previous…

2Cases cited5 opinions

  1. Guice v. StateMississippi Supreme Court · 1883
  2. Kendrick v. StateMississippi Supreme Court · 1877
  3. Holly v. StateMississippi Supreme Court · 1877
  4. Johnson v. StateMississippi Supreme Court · 1888
  5. Brown v. StateMississippi Supreme Court · 1904

3Cited by21 opinions

  1. Gates v. StateMississippi Supreme Court · 1986
  2. Bell v. StateMississippi Supreme Court · 1983
  3. Jackson v. StateMississippi Supreme Court · 1983
  4. Lee v. StateMississippi Supreme Court · 1931
  5. Carter v. StateMississippi Supreme Court · 1933

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