Cicely v. State
Mississippi Supreme Court
Error to Jasper circuit court. Habéis, J. In October, 1848, the grand jury indicted Cicely, a slave of Andrew MeAlpin and Thompson Wells, administrators of Achilles Wells, for the murder of Anne Longon. The prisoner was arraigned, and upon the plea of not guilty, was convicted and sentenced to be hung. The prisoner made a motion for a new trial, which was overruled, and she sued out a writ of error and brings the ease to this court.
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Error to Jasper circuit court. Habéis, J. In October, 1848, the grand jury indicted Cicely, a slave of Andrew MeAlpin and Thompson Wells, administrators of Achilles Wells, for the murder of Anne Longon. The prisoner was arraigned, and upon the plea of not guilty, was convicted and sentenced to be hung. The prisoner made a motion for a new trial, which was overruled, and she sued out a writ of error and brings the ease to this court. The substance of the evidence adduced upon the trial, the instructions of the court, and all the main' facts of the case, will be found in the opinion of the…
1Opinion of the Court
Smith, J.:
This was an indictment for murder, tried in the circuit court of Jasper, upon which the prisoner, a slave, was convicted.
The only questions which require the consideration of this court arise upon the instructions which were requested by the counsel of the prisoner, and the decision of the court below on the motion for a new trial.
1. The first instruction is as follows, to wit: “ If the jury, after weighing the evidence, have a reasonable doubt that the prisoner (the negro girl Cicely) is guilty of killing Mrs. Longon, they are hound by law to find her not guilty.” This instruction…
2Cases cited1 opinion
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
3Cited by14 opinions
- Goff v. StateMississippi Supreme Court · 2009
- Tolbert v. StateMississippi Supreme Court · 1981
- Kitchens v. StateMississippi Supreme Court · 1974
- Edwards v. StateCourt of Appeals of Mississippi · 1999
- Corbin v. StateMississippi Supreme Court · 1991
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