Algheri v. State
Mississippi Supreme Court
Error to Harrison circuit court. Habéis, J. The facts of this case are, that Barnardo Algheri was indicted in the circuit court of Harrison county for the murder of Bar-tolo St. Andrew, who was found dead in the town of Biloxi, with two wounds on his left breast, and one in his back beneath the left shoulder blade, which seemed to have arrested the instrument.
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Error to Harrison circuit court. Habéis, J. The facts of this case are, that Barnardo Algheri was indicted in the circuit court of Harrison county for the murder of Bar-tolo St. Andrew, who was found dead in the town of Biloxi, with two wounds on his left breast, and one in his back beneath the left shoulder blade, which seemed to have arrested the instrument. The wounds were examined by a physician, and were declared to be inflicted with a slender pointed instrument of not exceeding a half an inch in breadth, which had penetrated four or five inches. The wounds were mortal, and appeared to…
1Opinion of the Court
Yergee, J.:
The plaintiff in error was indicted for murder, and was convicted. The evidence in the case was entirely circumstantial. And although its tendency is to create an impression in the mind unfavorable to a belief of the innocence of the accused, it is not sufficiently strong, in our opinion, to warrant his conviction.
While circumstantial evidence is, in its nature, capable of producing the highest degree of moral certainty, yet experience and authority both admonish us that it is a species of evidence in the application of which the utmost caution and vigilance should be used.
A…
2Cited by40 opinions
- Kolberg v. StateMississippi Supreme Court · 2002
- Gustine v. StateSupreme Court of Florida · 1923
- Hester v. StateMississippi Supreme Court · 1985
- Whittington v. StateMississippi Supreme Court · 1988
- Steele v. StateMississippi Supreme Court · 1989
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