McCarty v. State
Mississippi Supreme Court
Error to Warren circuit court. BakntTet J. Alexander McCarty was indicted, together with several others, in the circuit court of Warren county, for t[ie murder of William McCay, and on the 11th day of June, 1853, he was convicted of manslaughter in the first degree, and sentenced by the court to twenty years’ imprisonment in the penitentiary of the state. The defendant made a motion for a new trial, assigning various grounds, which are stated in the opinion of the court..
Read the full summary
Error to Warren circuit court. BakntTet J. Alexander McCarty was indicted, together with several others, in the circuit court of Warren county, for t[ie murder of William McCay, and on the 11th day of June, 1853, he was convicted of manslaughter in the first degree, and sentenced by the court to twenty years’ imprisonment in the penitentiary of the state. The defendant made a motion for a new trial, assigning various grounds, which are stated in the opinion of the court.. The first instruction given to the jury, to which the defendant excepted at the time, as well as a sufficient statement of…
1Opinion of the Court
II ANDY, J.:
The errors assigned in this canse are as follows :
1. That an improper oath was administered to the jury.
2. That the record does not show what judge presided when the prisoner was indicted.
3. That the record shows that the jury, on their retirement, were under the charge of an officer who was merely “ sworn to take charge of them.”
4. That the trial should have been suspended on prisoner’s motion, because one of the jurors on the special venire was twice named therein.
5. It was error to require the juror Lum to be tendered to the prisoner, after he had been challenged for cause by…
2Cases cited8 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- the People v. Ransom.New York Supreme Court · 1831
- Dyson v. StateMississippi Supreme Court · 1872
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- State v. ColemanSupreme Court of Alabama · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Scott v. BallMississippi Supreme Court · 1992
- Hall v. StateSupreme Court of Alabama · 1867
- Wynn v. State.Mississippi Supreme Court · 1885
- Mississippi Power Co. v. StriblingMississippi Supreme Court · 1941
- Ivey v. StateMississippi Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.