Hogan v. State
Mississippi Supreme Court
EkRok to the circuit court of Wayne county. Hancock, J. The facts of this case are detailed in the opinion of the court, as far as necessary to the understanding of the view of the court, and the instructions which were criticised by the court are set out at length in the opinion. The jury found contrary to the evidence, and, on this ground, the motion for a new trial ought to have been granted.
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EkRok to the circuit court of Wayne county. Hancock, J. The facts of this case are detailed in the opinion of the court, as far as necessary to the understanding of the view of the court, and the instructions which were criticised by the court are set out at length in the opinion. The jury found contrary to the evidence, and, on this ground, the motion for a new trial ought to have been granted. The first instruction asked for by defendant in the court below, and refused by the court, is good law. It .-asserts the undeniable principle that the testimony of the •complaining party, in a…
1Opinion of the Court
TARBELL, J. :
At the July term, 1870, of the Wayne county circuit court, David Hogan was charged by the grand jury with the crime of rape upon the person of Elizabeth Henry. The trial of the accused at the next succeeding term of the same court resulted in his conviction. A motion for a new trial was made on the grounds: 1st. That the court erred in granting the third and fourth instructions asked by the state, and refused to grant the first and third instructions asked by the defendant; and 2d. Because the jury found contrary to the weight of evidence. This motion was overruled and the…
2Cited by8 opinions
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- Goode v. StateMississippi Supreme Court · 1962
- Watkins v. StateMississippi Supreme Court · 1923
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