Shaw v. State
Mississippi Supreme Court
From the circuit court of Oktibbeha county. HoN. EugeNe O. Sykes, Judge. Appellant, Sbaw, was indicted at tbe May, 1900, term of the circuit court of Oktibbeha county on a charge of murder, was tried and convicted of manslaughter, and sentencéd to serve a term of years in the penitentiary. From this judgment of the court he appealed to the supreme court, where the case was reversed and remanded.
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From the circuit court of Oktibbeha county. HoN. EugeNe O. Sykes, Judge. Appellant, Sbaw, was indicted at tbe May, 1900, term of the circuit court of Oktibbeha county on a charge of murder, was tried and convicted of manslaughter, and sentencéd to serve a term of years in the penitentiary. From this judgment of the court he appealed to the supreme court, where the case was reversed and remanded. The case on the first appeal is reported, Shaw v. State, ante, 21. At the May, 1901, term of said circuit court defendant was again placed on trial, and was convicted the second time of manslaughter…
1Opinion of the CourtOaijtooN, J.
The grossly improper conduct of the sheriff vitiates this verdict. From his own-testimony, not objected to, it appears that “just for mischief, more than anything else,” he called to the bailiff in charge of the trial jury, “that the judge was going home this evening, and that they would have to stay there until Monday morning.” It is hardly possible that the jury did not hear this. Jurors were offered to show that the sheriff called to the jury “that the judge would leave for home in a few minutes, and, unless they would return a verdict at once, they would be held until the following…
2Cases cited3 opinions
- Barnett v. EatonMississippi Supreme Court · 1885
- Brown v. StateMississippi Supreme Court · 1891
- A. Senior & Sons v. BroganMississippi Supreme Court · 1888
3Cited by17 opinions
- Planters Wholesale Grocery v. KincadeMississippi Supreme Court · 1951
- Fairman v. StateMississippi Supreme Court · 1987
- Wiltcher v. StateMississippi Supreme Court · 1910
- Meadows v. StateSupreme Court of Alabama · 1913
- Rayner v. LindseyMississippi Supreme Court · 1962
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