Ex parte Austin
Mississippi Supreme Court
Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Petition by H. II. Austin and others for allowance of statutory reward for the capture of a fleeing homicide. Petition disallowed, and petitioners appeal. Appellee has based the defense of this case upon two points which, to use his own words, may be stated as follows : “First: Carter was not fleeing or attempting to flee; he was merely concealing himself.
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Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Petition by H. II. Austin and others for allowance of statutory reward for the capture of a fleeing homicide. Petition disallowed, and petitioners appeal. Appellee has based the defense of this case upon two points which, to use his own words, may be stated as follows : “First: Carter was not fleeing or attempting to flee; he was merely concealing himself. Second: He did not leave his usual place of abode though he did conceal himself there.” Appellee’s first point raises the question, can a person flee from justice by…
1Opinion of the CourtSykes, P. J.
The appellant petitioned the circuit court for the allowance of one hundred dollars,- the statutory reward for the capture of one Jim Carter, a fleeing homicide. The petition is based upon section 1459, Code of 1906, with amendments as found in section 1216, Hemingway’s Code. The petition was disallowed in the circuit court.
The uncontradicted testimony in the case was to the effect that Jim Carter, a negro boy, shot and killed another negro boy near Bovina, in Warren County. After the killing Carter at once went to the home of Mack Nailor, with *874whom he ivas living, put his gun in the house,…
2Cases cited3 opinions
- State v. Lem WoonOregon Supreme Court · 1910
- Ex parte WebbMississippi Supreme Court · 1909
- United States v. O'BrianU.S. Circuit Court for the District of Kansas · 1873
3Cited by3 opinions
- Ex Parte FairleyMississippi Supreme Court · 1932
- Brasfield v. StateMississippi Supreme Court · 1926
- Ex parte DavisMississippi Supreme Court · 1950