Ex parte Hamilton
Mississippi Supreme Court
Appeal from, the decision of Hon. E. Gr. Peyton, chancellor of the ninth judicial district, on habeas corpus. At about 10 o’clock on the night of the 5th of May, 1887, many persons residing near by, or being in the vicinity by chance, were attracted to the iron bridge over “ town creek ” on ■Capital Street, in tile citjr of Jackson, by a startling discharge of fire-arms.
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Appeal from, the decision of Hon. E. Gr. Peyton, chancellor of the ninth judicial district, on habeas corpus. At about 10 o’clock on the night of the 5th of May, 1887, many persons residing near by, or being in the vicinity by chance, were attracted to the iron bridge over “ town creek ” on ■Capital Street, in tile citjr of Jackson, by a startling discharge of fire-arms. These persons, upon arriving at the bridge, found Roderick D. Gambrell speechless and dying, from the effects of three pistol shot wounds, in the knee, body and head, respectively, and many blows upon the head; thej^ found…
1DissentArnold, J.
I concur in the opinion of the majority of the court, in so far as it reverses the judgment as to Eubanks; but dissent, with entire confidence in the correctness of my conclusion, in so far as it affirms the judgment as to Hamilton. On the record before us, Eubanks, in my judgment, should have been discharged by the Chancellor, as innocent of the crime charged, and if it were not for the fact that since the trial below he has been indicted, and that a prisoner held under indictment may be bailed, but cannot be unconditionally discharged on habeas corpus, I should unhesitatingly vote to…
2Cases cited8 opinions
- Ex parte BridewellMississippi Supreme Court · 1879
- Nelms v. StateMississippi Supreme Court · 1880
- Browning v. StateMississippi Supreme Court · 1872
- Ex parte PattisonMississippi Supreme Court · 1878
- Ex parte WrayMississippi Supreme Court · 1872
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