Legal Opinion

Bangs v. State

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 7 opinions

Appeal from the Circuit Court of Jackson County. Hon. Samuel H. Teeeal, Judge. The facts are stated in the opinion. The court refused to allow counsel for accused to read to the jury the opinion of this court rendered in the case of Bangs v. State of Mississippi, above cited. This was error, and a new trial should be granted appellant. Smith v. State, 59 Miss. 867. 1. The fourth instruction for the State complained of is correct.

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Appeal from the Circuit Court of Jackson County. Hon. Samuel H. Teeeal, Judge. The facts are stated in the opinion. The court refused to allow counsel for accused to read to the jury the opinion of this court rendered in the case of Bangs v. State of Mississippi, above cited. This was error, and a new trial should be granted appellant. Smith v. State, 59 Miss. 867. 1. The fourth instruction for the State complained of is correct. It does not require the danger to be actual, but only apparent. This is the clear meaning of the language used. 2. The modification of defendant’s instructions so as…

1Opinion of the CourtCooper, J.

The appellant was indicted in the Circuit Court of Jackson County for the murder of one Ladnier. He was tried and convicted of murder, and from that judgment prosecuted an appeal which resulted in a reversal of the conviction. The case was remanded to the circuit court for another trial, which has been had and the appellant convicted of manslaughter. From that judgment this appeal is taken.

On the trial of the cause, counsel for the defendant in his argument before the jury oifered to read to the jury the opinion of this court delivered on the former appeal. The court declined to permit the…

2Cited by7 opinions

  1. Newell v. StateMississippi Supreme Court · 1975
  2. Oakes v. StateMississippi Supreme Court · 1910
  3. Spriggs v. Cheyenne Newspapers, Inc.Wyoming Supreme Court · 1947
  4. Dement v. SummerMississippi Supreme Court · 1936
  5. Gangloff v. StateMississippi Supreme Court · 1958

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