Legal Opinion

Wash v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 7 opinions

Error to Warren circuit court. Smith, J. The facts sufficiently appear in the opinion. 1. There were no exceptions taken to the judgment of the court, overruling the motion in arrest and for a new trial. Objections thereto cannot now be heard in this court. Code, 855, 856. 2. The instructions of the court were not excepted to, or placed before this court by bill of exceptions.

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Error to Warren circuit court. Smith, J. The facts sufficiently appear in the opinion. 1. There were no exceptions taken to the judgment of the court, overruling the motion in arrest and for a new trial. Objections thereto cannot now be heard in this court. Code, 855, 856. 2. The instructions of the court were not excepted to, or placed before this court by bill of exceptions. The law making instructions given or refused, a part of the record, does not apply to criminal cases. The statute of 1846, Code, 893, applies only to the trial of civil suits. 3. A memorandum by the clerk, that…

1Opinion of the Court

Smith, J.:

The prisoner at the bar was tried in the circuit court of Warren, upon an indictment, which charged, first, the commission of a rape upon Catharine Windridor, an infant under the age of ten years; and, second, an attempt to commit a rape upon the same party, described as a “ free white female child, under the age of twelve years.” The jury returned a general verdict of guilty, and the court pronounced sentence of death upon the prisoner.

Three exceptions are taken to the proceedings in the circuit court, one of which will not be noticed. It is the objection to the charge of the…

2Cases cited12 opinions

  1. Bulloch v. StateSupreme Court of Georgia · 1851
  2. State v. JenningsSupreme Court of Missouri · 1853
  3. Shaw v. StateSupreme Court of Alabama · 1851
  4. Kane v. PeopleNew York Supreme Court · 1829
  5. Watson v. BaneCourt of Appeals of Maryland · 1854

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3Cited by7 opinions

  1. Sarah v. StateMississippi Supreme Court · 1872
  2. George v. StateMississippi Supreme Court · 1872
  3. Sauer v. StateMississippi Supreme Court · 1932
  4. McQuillen v. StateMississippi Supreme Court · 1872
  5. Strawhern v. StateMississippi Supreme Court · 1872

2 more not listed; retrieve them via the Exa API.

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