Isabel v. State
Mississippi Supreme Court
Appeal from the circuit court of Chickasaw county. Hon. II. K. Mahon, Judge. Henry Isabel was convicted of felonious assault and. he appeals. The facts are fully stated in the opinion of. the court. The first ground which I desire' to argue on this appeal is the failure on the part of the state to prove the venue in this case in the trial of the court below.
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Appeal from the circuit court of Chickasaw county. Hon. II. K. Mahon, Judge. Henry Isabel was convicted of felonious assault and. he appeals. The facts are fully stated in the opinion of. the court. The first ground which I desire' to argue on this appeal is the failure on the part of the state to prove the venue in this case in the trial of the court below. It devolves upon the state to prove every material fact necessary to establish the guilt of the defendant beyond every reasonable doubt and to a moral certainty, before conviction can be had. One of the first things every student of the…
1Opinion of the CourtMayes, C. J.
The appellant was indicted for a felonious assault • upon one Frank Duncan.- The indictment charges that the offense was committed in the first judicial district of Chickasaw county, there being two judicial districts in that county. The trial resulted in the conviction of appellant and a two-year sentence in the penitentiary, and from this conviction and sentence an appeal is prosecuted. ■
The proof in the case fails to show where this offense was committed; that is to say, it merely shows that the offense was committed in Chickasaw county, *377hut there is no proof as to whether it occurred in…
2Cases cited1 opinion
- Spivey v. StateMississippi Supreme Court · 1881
3Cited by11 opinions
- Rogers v. StateMississippi Supreme Court · 1972
- Passons v. StateMississippi Supreme Court · 1950
- Larry Press Wells v. State of MississippiMississippi Supreme Court · 2015
- Birindelli v. EgelstonMississippi Supreme Court · 1981
- Monroe v. StateMississippi Supreme Court · 1912
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