State v. Blennerhassett
Mississippi Supreme Court
The defendants were separately indicted, at the March Term, 1818^ of the Claiborne Superior Court, for an assault and battery with an intent to murder one John Hays, on the 4th of February, 1818. In eachindictment there was also a separate and distinct count for a simple assault and battery.
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The defendants were separately indicted, at the March Term, 1818^ of the Claiborne Superior Court, for an assault and battery with an intent to murder one John Hays, on the 4th of February, 1818. In eachindictment there was also a separate and distinct count for a simple assault and battery. Upon the affidavit of the defendants that they did not believe they could have a fair and impartial .trial in Claiborne county, by reason of the exertions of John Hays, the prosecutor, to influence and excite the public mind against them, of the prejudices of many men of weight and influence, and of the…
1Opinion of the Court
'OPINION OF THE COURT.
1st Point. The doctrine contended for by the defendant’s counsel, that a prosecutor is bound'to make his election, and cannot, at the same time, be the prosecutor in an 'indictment, and the plaintiff in a civil suit, for the same assault and battery, is not recognised by the court. The prosecution is not carried on for the benefit of the prosecutor only. The whole community is interested in the execution of the penal laws. Any individual may become the prosecutor in an indictment, as well as the injured party. The object of public prosecutions is to give force and vigor…
2Cases cited2 opinions
- People v. HowellNew York Supreme Court · 1809
- Stewart v. KipNew York Supreme Court · 1810
3Cited by2 opinions
- Eric Ramone Sharkey v. State of MississippiMississippi Supreme Court · 2019
- Eric Ramone Sharkey v. State of MississippiMississippi Supreme Court · 2019