Bell v. State
Mississippi Supreme Court
From the circuit court of, first district, Panola county. How. James B. Boothe, Judge. Bell, the appellant, a negro, was indicted and tried for assault and battery with intent to murder another negro, one Applewhite; was convicted and sentenced to the penitentiary for five years, and appealed to the supreme court.
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From the circuit court of, first district, Panola county. How. James B. Boothe, Judge. Bell, the appellant, a negro, was indicted and tried for assault and battery with intent to murder another negro, one Applewhite; was convicted and sentenced to the penitentiary for five years, and appealed to the supreme court. The defendant, Bell, was in. the house of a negro woman, Lula Ford, and was handling a shotgun when Applewhite came to the house to get a bucket which he had shortly before left in the Ford kitchen. As he was entering the kitchen he was shot by defendant; the evidence sharply…
1Opinion of the CourtCali-ioon, J.
The witness Taylor had no independent recollection of what the witnesses testified to in his court. Even the paper he had, as justice of the peace, there written, did not refresh his memory, for he had none, further than that he had taken down the testimony of the witnesses as delivered, and he knew it was correct. Under this state of facts the court did not err in receiving his testimony from the paper. In this conclusion we are not fully sustained by Cooper v. State, 59 Miss., 267, because there, after referring to the paper, the witness could recollect, while here he could not. But we are…
2Cases cited4 opinions
- Raines v. StateMississippi Supreme Court · 1902
- Cooper v. StateMississippi Supreme Court · 1881
- New Orleans, Jackson & Great Northern Railroad v. EcholsMississippi Supreme Court · 1876
- Hibbler v. StateMississippi Supreme Court · 1905
3Cited by9 opinions
- Brannen v. State of FloridaSupreme Court of Florida · 1927
- Knihal v. StateNebraska Supreme Court · 1949
- Hydrick v. StateMississippi Supreme Court · 1963
- Metropolitan Life Ins. Co. v. WrightMississippi Supreme Court · 1940
- Butler v. StateMississippi Supreme Court · 1971
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