Teat v. State
Mississippi Supreme Court
Error, to the Circuit Court of Montgomery County. Hon. Orlando Davis, Judge. filed a printed argument, making the following points: — I. The identity of the person and of the offence being specifically charged in the plea, is admitted by the demurrer, and the necessity of all proof thereby superseded. The record of both trials, and the bill of exceptions embodying the testimony, are identically the same.
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Error, to the Circuit Court of Montgomery County. Hon. Orlando Davis, Judge. filed a printed argument, making the following points: — I. The identity of the person and of the offence being specifically charged in the plea, is admitted by the demurrer, and the necessity of all proof thereby superseded. The record of both trials, and the bill of exceptions embodying the testimony, are identically the same. The whole case, then, is staked upon two grounds of demurrer to the plea. 1. It does not show a former jeopardy, because it does not show a verdict of former acquittal or conviction. ' 2. It…
1Opinion of the CourtChalmers, J.
On the 26th of August, 1871, George Steen and William Steen were fired upon, and instantly killed, as they were riding together on the public highway in Montgomery County. Two witnesses, who were approaching them from an opposite direction, and who were about a hundred and fifty yards distant, testified that there were two distinct reports of firearms, almost, but not quite, simultaneous, and that instantly afterwards the appellant, Madison Teat, and his brother-in-law, A. J. Scott, climbed over the fence from which the firing had come, and walked into the road towards the dead bodies, each…
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