Foster v. State
Mississippi Supreme Court
From the circuit court of the second district of Yalobusha county. Hon. Eugene Johnson, Judge. Appellant has been convicted of the murder of John B. Morgan, and sentenced to life imprisonment.
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From the circuit court of the second district of Yalobusha county. Hon. Eugene Johnson, Judge. Appellant has been convicted of the murder of John B. Morgan, and sentenced to life imprisonment. The facts of the case, so far as necessary to an understanding of the several points passed on by the court, are stated in the opinion. 1. Where there is any evidence which, if believed, would establish an overt, hostile act on the part of deceased at the time of the killing, it is competent to show that when the deceased and accused last met, the foi’mer had made a murderous assault upon the latter,…
1Opinion of the CourtWoods, J.
1. The action of the court below in permitting the medical expert, introduced by the prosecution, to state the position of the arm and hand of the deceased at the time the wounds in the arm and body were inflicted, and, also, to give his opinion as to whether the bullet-hole in the side of the railway-car was in range with the two bullet-holes in the bead of the deceased, is strongly assailed by counsel for the accused.
The inquiries were as to matters concerning which the medical expert had no scientific knowledge. He had made á post mortem examination of the deceased, and he had laid before…
2Cited by29 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Glassroth v. MooreCourt of Appeals for the Eleventh Circuit · 2003
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. SlorahSupreme Judicial Court of Maine · 1919
- People v. . ThornNew York Court of Appeals · 1898
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