State v. Ireland
Mississippi Supreme Court
From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Ireland, the appellee, was indicted and tried for an assault and battery with intent to kill. After the state had closed its case, the trial court sustained defendant’s motion to exclude the evidence, and directed a verdict of acquittal. The state appealed to the supreme court. Defendant’s only plea to the indictment was not guilty.
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From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Ireland, the appellee, was indicted and tried for an assault and battery with intent to kill. After the state had closed its case, the trial court sustained defendant’s motion to exclude the evidence, and directed a verdict of acquittal. The state appealed to the supreme court. Defendant’s only plea to the indictment was not guilty. The testimony showed that one Johnson and several others were returning home at night in a wagon from the Madri Gras festivities at Natchez, when the appellee and another drove up behind them,…
1Opinion of the CourtCalhoon, J.
On the action of the circuit court instructing a verdict for the defendant because the evidence did not support the charge no appeal lies. State v. Willingham, 86 Miss., 203 (s.c., 38 South. Rep., 331).
It was error to admit testimony of previous conviction, in the absence of a plea setting it up as a defense. It was also error to admit parol proof of the proceedings in the court of the justice of the peace.
On these two matters the appeal is proper, and as to ■ these the ruling below was erroneous.
2Cases cited1 opinion
- State v. WillinghamMississippi Supreme Court · 1905
3Cited by5 opinions
- Bufkin v. StateMississippi Supreme Court · 1923
- State v. SiskMississippi Supreme Court · 1950
- State v. ParksMississippi Supreme Court · 1982
- Tanner v. StateMississippi Supreme Court · 1944
- Davis v. StateMississippi Supreme Court · 1907