Legal Opinion

Regan v. State

Mississippi Supreme Court

Decided November 15, 1905PublishedCited by 5 opinions

From tbe circuit court of Claiborne county. Hon. Oliver W. Oatchings, Judge. Regan, tbe appellant, was indicted and tried for and convicted of tbe murder of one Moody; was sentenced to be banged, and appealed therefrom to tbe supreme court.

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From tbe circuit court of Claiborne county. Hon. Oliver W. Oatchings, Judge. Regan, tbe appellant, was indicted and tried for and convicted of tbe murder of one Moody; was sentenced to be banged, and appealed therefrom to tbe supreme court. Tbe record shows that tbe court below, on tbe bearing of tbe motion for a change of venue, examined a large number of witnesses, and, after bearing their testimony, overruled tbe motion. .The instructions asked by defendant which tbe court refused to give are as follows: “(10) The court instructs the jury for defendant that if they believe from the…

1Opinion of the CourtCalhoon, J.

We do not think there was such an abuse of discretion in refusing a change of venue as warrants the intervention of this court. Bishop v. State, 62 Miss., 290; Dillard v. State, 58 Miss., 368. If there was error, we should -not interfere where, as here, appellant. did not exhaust his peremptory challenges. See the authorities cited in the brief of the assistant attorney-general on this point.

*428Appellant seems to have had a perfectly fair trial, and his defense was conducted by his counsel with very great ability. He had every principle of law to which he was entitled embodied in the…

2Cases cited3 opinions

  1. Cartwright v. StateMississippi Supreme Court · 1893
  2. Powers v. StateMississippi Supreme Court · 1903
  3. Dillard v. StateMississippi Supreme Court · 1880

3Cited by5 opinions

  1. Williams v. StateMississippi Supreme Court · 1984
  2. Williams v. StateMississippi Supreme Court · 1989
  3. Dalton v. StateMississippi Supreme Court · 1925
  4. Phillips v. StateMississippi Supreme Court · 1944
  5. Richardson v. StateMississippi Supreme Court · 1929

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