Legal Opinion

Neal v. State

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 2 opinions

Appeal from the circuit court of Yalobusha county. Hon. N. A. Taylor, Judge. Grant Neal was convicted of assault and battery with intent to kill and appeals. The facts are sufficiently stated in the opinion of the court. "We commend the court to that greatest of all books of its kind, Wigmore on Evidence, sections 977 to 989, inclusive.

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Appeal from the circuit court of Yalobusha county. Hon. N. A. Taylor, Judge. Grant Neal was convicted of assault and battery with intent to kill and appeals. The facts are sufficiently stated in the opinion of the court. "We commend the court to that greatest of all books of its kind, Wigmore on Evidence, sections 977 to 989, inclusive. Here it is shown, in a masterly discussion of character from conduct, and especially from particular acts, that the questions of the district attorney in the case at bar would not have been admitted in any jurisdiction in the country. The reasoning is so clear…

1Opinion of the Court

Whitfield, C.

We think the court erred in allowing several character witnesses to he examined with respect, not to the general reputation of the defendant, but minutely with respect to a number of independent transactions, fights, etc. Wigmore on Evidence, sections 977 to 989, inclusive ; Kearney v. State, 68 Miss. 223, 8 South. 292.

There was considerable conflict in the testimony on the merits. The testimony with respect to character for peace or violence showed the defendant to be an exceptionally good negro in this regard, and the person assaulted to be the worst negro possible in this…

2Cited by2 opinions

  1. Hartfield v. StateMississippi Supreme Court · 1939
  2. Ridgeway v. StateMississippi Supreme Court · 1963

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