Legal Opinion

Ike v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 10 opinions

Error to Adams circuit court. Posey, J. The facts of the case are stated in the opinion of the court and the briefs of counsel. Contended that the indictment was not in accordance with the statutory requirements. Hutch. Code, 521, sec. 52; ib., 532, sec. 1, 2. Indictments must have a precise and sufficient certainty. 4 Black. Com., 206. The indictment ought to be certain to every intent, without any intendment to the contrary. Cro. EL, 490; Cro.

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Error to Adams circuit court. Posey, J. The facts of the case are stated in the opinion of the court and the briefs of counsel. Contended that the indictment was not in accordance with the statutory requirements. Hutch. Code, 521, sec. 52; ib., 532, sec. 1, 2. Indictments must have a precise and sufficient certainty. 4 Black. Com., 206. The indictment ought to be certain to every intent, without any intendment to the contrary. Cro. EL, 490; Cro. Jac., 29. It is contended, malice must be proved before conviction, and it was not proven on the trial. But a single point arises in this case. The…

1Opinion of the Court

Smith, C. J.:

This was an indictment in the circuit court of Adams county, for an assault and battery upon a white person with intent to *580kill. The prisoner, who is a slave, was found guilty, and sentence of death pronounced upon him; whence the cause comes into this court.

There are but two acts of the court complained of; one, the decision of the judge overruling the motion in arrest of judgment ; the other, the judgment subjecting the prisoner to capital punishment.

The first statute in reference to the offense charged, directs “ That if any slave or slaves shall at any time commit an assault…

2Cases cited17 opinions

  1. Cook v. StateSupreme Court of Georgia · 1852
  2. People v. AllenNew York Supreme Court · 1847
  3. State v. BullockSupreme Court of Alabama · 1848
  4. State v. ClickSupreme Court of Alabama · 1841
  5. United States v. LancasterU.S. Circuit Court for the District of Illinois · 1841

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Sarah v. StateMississippi Supreme Court · 1872
  2. Riley v. StateMississippi Supreme Court · 1871
  3. Kline v. StateMississippi Supreme Court · 1870
  4. Williams v. StateMississippi Supreme Court · 1872
  5. Lewis v. StateMississippi Supreme Court · 1873

5 more not listed; retrieve them via the Exa API.

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