McCann v. State
Mississippi Supreme Court
In error from the circuit court of Noxubee county; Hon. A. B. Dawson, judge. The grand jurors of Lowndes county indicted James McCann, jr. for the murder of Andrew Toland. A trial was held in Lowndes county, and the jury not being able to agree, were discharged. The venue on the application of the prisoner, was changed to Noxubee county, where he was again tried, and on the 26th day of June, 1847, found guilty of the murder.
Read the full summary
In error from the circuit court of Noxubee county; Hon. A. B. Dawson, judge. The grand jurors of Lowndes county indicted James McCann, jr. for the murder of Andrew Toland. A trial was held in Lowndes county, and the jury not being able to agree, were discharged. The venue on the application of the prisoner, was changed to Noxubee county, where he was again tried, and on the 26th day of June, 1847, found guilty of the murder. The prisoner’s counsel procured the following affidavit, made in open court: “ William B. Reed, being first duly sworn, says, that he acted as bailiff of the jury that…
1Opinion of the CourtJustice Thacher
This is an indictment for murder preferred by the grand jury of Lowndes county. The trial took place in Noxubee county, by a change of venue under the statute, and resulted in a verdict of guilty. A motion in' arrest of judgment was made, based upon the affidavit of an individual who had charge of the jury in the case for one half the time during the trial and a large part of the night of their retirement to deliberate upon their verdict, by which it appears that he was not sworn as bailiff in the case, but acted merely by the direction of the sheriff. It appears that this individual was not…
2Cases cited3 opinions
- Smith v. ThompsonNew York Supreme Court · 1823
- Hamilton v. KnightIndiana Supreme Court · 1818
- Disbrow v. HenshawCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by1 opinion
- Hannah v. StateSupreme Court of Georgia · 1956