Lamar v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. Walter F. Lamar was indicted in Yazoo county for “ assault and battery with intent to kill and murder.” He was tried and convicted, and appealed to this court, where the cause was reversed and remanded. He was then granted a change of venue to Hinds count}', where he was again tried and convicted.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. Walter F. Lamar was indicted in Yazoo county for “ assault and battery with intent to kill and murder.” He was tried and convicted, and appealed to this court, where the cause was reversed and remanded. He was then granted a change of venue to Hinds count}', where he was again tried and convicted. The evidence given on the first trial was taken down in writing, and on the second trial certain parts of the testimony of one Grilruth, given on the first trial, was read to the jury by agreement. The district attorney, in…
1Opinion of the CourtCooper, C. J.
In a case where the slightest doubt could be entertained of the guilt of the accused, we should feel it our imperative duty to vacate a judgment of conviction, where the prosecuting attorneys had resorted to the practices shown in this record.
One of the counsel for the State was permitted in his argument to tell the jury that on a former trial the jury “ were not ■out more than one minute in their deliberations, when they returned into court with a verdict of guilty.” To the statement the defendant promptly interposed his objection, which the court refused to sustain, because, as the court…
2Cases cited3 opinions
- Martin v. StateMississippi Supreme Court · 1886
- Thomas v. StateMississippi Supreme Court · 1883
- Lamar v. StateMississippi Supreme Court · 1887
3Cited by1 opinion
- State v. ShawnWest Virginia Supreme Court · 1894