Legal Opinion

Carter v. State

Mississippi Supreme Court

Decided March 12, 1945No. 35773PublishedCited by 26 opinions

1Opinion of the CourtSmith, C. J.

The appellant was convicted of murder and given the death sentence. Two members of the Bar, by appointment, defended him in the court below; but other counsel have presented his appeal to this Court. The only question presented here is the failure of the court below to inquire into whether the appellant’s mental condition was such as to warrant his being then tried for the commission of the offense with which he was charged. This question was not raised at the trial, and is presented.in this Court for the first time.

The rule that questions not raised in the trial court cannot be raised for…

2Cases cited5 opinions

  1. State v. WoodruffMississippi Supreme Court · 1933
  2. Gabbert v. WallaceMississippi Supreme Court · 1889
  3. McLemore v. AndersonMississippi Supreme Court · 1907
  4. Wilson v. Alabama Great Southern RailroadMississippi Supreme Court · 1900
  5. Burke v. ShawMississippi Supreme Court · 1882

3Cited by26 opinions

  1. Hill v. StateMississippi Supreme Court · 1983
  2. Stevens v. StateMississippi Supreme Court · 1984
  3. Brooks v. StateMississippi Supreme Court · 1950
  4. Pittman v. StateMississippi Supreme Court · 1974
  5. Emanuel v. StateMississippi Supreme Court · 1982

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