Legal Opinion
Borowitz v. State
Mississippi Supreme Court
Decided March 15, 1917PublishedCited by 5 opinions
Appeal from the circuit court of Washington county. Hon. F. E. Everett, Judge. Blackie Borowitz alias Ed. Cameron, was convicted of murder and appeals. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, C. J.
The court below committed no error in excluding from the jury certain persons who stated they had conscientious scruples against the infliction of capital punishment. Russell v. State, 53 Miss. 367; Fortenberry v. State, 55 Miss. 403; Smith v. State, 58 Miss. 867; Spain v. State, 59 Miss. 19; and Cooper v. State, 59 Miss. 264. These cases were decided under sections 2877 and 3083 of the Code of 1880, which are as follows:
“2877. Every person who shall be convicted of murder shall suffer death, unless the jury rendering the ver-. diet shall fix the punishment at imprisonment in the penitentiary…
2Cases cited5 opinions
- Smith v. StateMississippi Supreme Court · 1881
- Gumbel v. KoonMississippi Supreme Court · 1881
- Russell v. StateMississippi Supreme Court · 1876
- Spain v. StateMississippi Supreme Court · 1881
- Fortenberry v. StateMississippi Supreme Court · 1877
3Cited by5 opinions
- United States v. PuffCourt of Appeals for the Second Circuit · 1954
- Gerald Henry Irving, Jr. v. C. E. Breazeale, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968
- Phenizee v. StateMississippi Supreme Court · 1938
- Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968
- Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968