Legal Opinion

Brown v. State

Mississippi Supreme Court

Decided March 15, 1895PublishedCited by 10 opinions

From: the circuit court of Tate county. Hon. Eugene Johnson, Judge. Appellant, Jim Brown, a negro, was convicted of the rape of Sallie Boyce, also a negro. The conviction rests mainly on the testimony of the woman. She was, to some extent, corroborated.

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From: the circuit court of Tate county. Hon. Eugene Johnson, Judge. Appellant, Jim Brown, a negro, was convicted of the rape of Sallie Boyce, also a negro. The conviction rests mainly on the testimony of the woman. She was, to some extent, corroborated. Among other things, she testified that she met the defendant On the way to the field, and that he knocked her down and dragged her some distance, and stamped her and threatened to kill her, and then ravished her; that he then tied her to a tree and struck her on the head with a gun and left her, after which she got loose from the tree and went…

1Opinion of the CourtWhitfield, J.

There was no error-in the refusal of the instructions numbered 17, 18, 19 and 20, asked by the appellant, and none in making the modifications made in instructions numbered 2, 5, 11 and 14. Instructions numbered 1 and 2, for the state, fall within the condemnation of Burt v. State, ante, 408; and the words “beyond all reasonable doubt,’’ should appear in the *1004fourth instruotiou given for the state, before the words, “ that defendant obtained carnal knowledge of her person,” etc. The first instruction for the state assumes, also, that the " female ’ ’ has been ‘' raped, ’ ’ and that ' ' the…

2Cases cited10 opinions

  1. People v. BensonCalifornia Supreme Court · 1856
  2. People v. AbbotNew York Supreme Court · 1838
  3. McQuirk v. StateSupreme Court of Alabama · 1887
  4. People v. McLeanMichigan Supreme Court · 1888
  5. Kearney v. StateMississippi Supreme Court · 1890

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

3Cited by10 opinions

  1. Jones v. StateSupreme Court of Georgia · 1908
  2. McCoy v. StateMississippi Supreme Court · 1907
  3. Anderson v. StateMississippi Supreme Court · 1903
  4. Ashford v. StateMississippi Supreme Court · 1902
  5. Magee v. StateMississippi Supreme Court · 1945

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

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