Day v. State
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Day, the appellant, a negro, was indicted and tried for unlawfully selling intoxicants, was convicted, sentenced to the county jail for thirty days, fined $200, and appealed to the supreme court. The appellant assigned as error certain rulings of the court below on objections made during the introduction of’ the testimony, but his motion for a new trial did not bring them into review.
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Day, the appellant, a negro, was indicted and tried for unlawfully selling intoxicants, was convicted, sentenced to the county jail for thirty days, fined $200, and appealed to the supreme court. The appellant assigned as error certain rulings of the court below on objections made during the introduction of’ the testimony, but his motion for a new trial did not bring them into review. Appellant also assigned for error the following language used by the district attorney in his closing speech: “ The defendant had three…
1Opinion of the CourtCalhoon, J.
We do not notice the claim of error in sustaining objections to testimony offered, because not mentioned in the motion for a new trial.
We cannot reverse because of the improper language of the district attorney in his argument, since the judge rebuked it and told the jury not to consider it, which action, in this case, we think prevented harm.
The affidavit in support of the motion for new trial on the ground of newly discovered evidence is too defective to require notice. Cooper v. State, 53 Miss., 393. Besides, it shows *242no diligence, and it does not appear that counsel did not know of the…
2Cases cited1 opinion
- Cooper v. StateMississippi Supreme Court · 1876