Legal Opinion

Stoughton v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 3 opinions

Error to Perry circuit court. DawsoN, J. The opinion of the court contains all the material facts of the ease. On tbe point of tbe jurisdiction of tbe circuit court of Perry-county, to try tbe offense, cited and commented on 1 Hale P. C., 425, 426. This authority is not sustained by reference to any decisions, and is not supported by the reasoning of tbe author. 1 Hawk.

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Error to Perry circuit court. DawsoN, J. The opinion of the court contains all the material facts of the ease. On tbe point of tbe jurisdiction of tbe circuit court of Perry-county, to try tbe offense, cited and commented on 1 Hale P. C., 425, 426. This authority is not sustained by reference to any decisions, and is not supported by the reasoning of tbe author. 1 Hawk. P. C., 93, 94 ; 2 ib., .301, 302, 303, § 40; 2 Hale P. C., 262; ib., 162,163 ; 1 East’s P. C., cb. 5, § 128, 361; 2 Hale, 66 ; 2 Pick., 550 ; 2 Eng. St. at Large, 422; 4 Black. Com., 303. Contended that congress made tbe…

1Opinion of the Court

Shaeeet, C. J.:

The prisoner was convicted in the circuit court of Perry county of the murder of J. A. Harvey. He moved for a new trial, because the verdict was contrary to law and evidence, and because the court erred in refusing charges asked by the prisoner, and in giving those asked by the district attorney. On thesé points we need make no comments. Indeed, on tbe charges we could not; they are not presented by bill of exceptions, but noted by the clerk as having been given or refused. The law of 1846 which provides for so noting charges that may be given or refused, and makes them part of…

2Cases cited2 opinions

  1. Riggs v. StateMississippi Supreme Court · 1872
  2. Turner v. StateMississippi Supreme Court · 1872

3Cited by3 opinions

  1. Moore v. StateCourt of Criminal Appeals of Texas · 1897
  2. Atkinson v. StateMississippi Supreme Court · 1923
  3. Turner v. StateMississippi Supreme Court · 1872

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