Bishop v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Union County. Hon. W. S. Feathejrston, Judge. John Bishop being under indictment for the murder of G. W. Hall, applied for a change of venue. In support of his application he filed his affidavit and the affidavit of six other persons, citizens of the county, to the effect that they believed that by reason of undue prejudice in the public mind, the defendant could not get a fair and impartial trial in Union County.
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Appeal from the Circuit Court of Union County. Hon. W. S. Feathejrston, Judge. John Bishop being under indictment for the murder of G. W. Hall, applied for a change of venue. In support of his application he filed his affidavit and the affidavit of six other persons, citizens of the county, to the effect that they believed that by reason of undue prejudice in the public mind, the defendant could not get a fair and impartial trial in Union County. Seven witnesses were called for the State, who testified to the effect that they were residents of the county, and they believed that the defendant…
1Opinion of the CourtArnold, J.
It is not apparent that there was any abuse of the discretion vested in the court in refusing to grant the application for a change of venue. Weeks v. The State, 31 Miss. 490; Cavenaugh v. The State, 56 Miss. 300.
It is earnestly insisted by counsel for the appellant that the court below erred in the instructions given to the jury for the State, and the third and ninth instructions for the State are particularly designated as being erroneous. The third instruction for the State is, “ Every killing with a deadly weapon is presumed to be malicious and amounts to murder until the contrary appears…
2Cases cited7 opinions
- Cunningham v. StateMississippi Supreme Court · 1879
- Hawthorne v. StateMississippi Supreme Court · 1881
- Smith v. StateMississippi Supreme Court · 1881
- Pollard v. StateMississippi Supreme Court · 1876
- Guice v. StateMississippi Supreme Court · 1883
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3Cited by5 opinions
- Lamar v. StateMississippi Supreme Court · 1885
- Dalton v. StateMississippi Supreme Court · 1925
- Gee v. StateMississippi Supreme Court · 1902
- People v. SharpNew York Supreme Court · 1886
- Territory of Hawaii v. OtaHawaii Supreme Court · 1942