Legal Opinion

Morman v. State

Court of Appeals of Mississippi

Decided January 15, 1852PublishedCited by 11 opinions

In error from the. circuit court of Yalabusha county; Hon. F. M. Rogers, judge. The facts of the case are contained in the opinion of the court. Morman was indicted for an assault, with intent to commit murder. He was convicted of an assault, with intent to commit manslaughter. This was correct. Hutch. Code, 983, § 22; lb, 960, § 33. The evidence presents a case of a most aggravated and cowardly assault to take life. The proof is clear and unequivocal.

1Opinion of the CourtJustice Yerger

At the October term, 1851, of the circuit court of Yalabusha county, the plaintiff in error was indicted for an assault and battery with a deadly weapon, with intent to kill and murder. He was found guilty of an assault, with intent to commit manslaughter. A motion was'made in arrest of judgment, which motion was overruled, and the prisoner sentenced to the penitentiary for four years.

The indictment was framed under the thirty-third section of the third article of the Penitentiary Code, which is in these words: “ Every person who shall be convicted of shooting at another, or of attempting to…

2Cases cited1 opinion

  1. Morgan v. StateMississippi Supreme Court · 1872

3Cited by11 opinions

  1. Simpson v. StateSupreme Court of Alabama · 1877
  2. Brantley v. StateWyoming Supreme Court · 1900
  3. State v. RobeyNevada Supreme Court · 1873
  4. Taylor v. StateMississippi Supreme Court · 1952
  5. Ross v. StateMississippi Supreme Court · 1930

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