Stewart v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. HoN. T. J. Whaeton, Judge. In 1884 Mark Stewart (white) and Hattie Brown (colored) were jointly indicted for unlawful cohabitation and living together in a state of fornication. On the trial each made an application for a severance, which was ■denied, and they excepted.
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Appeal from the Circuit Court of Yazoo County. HoN. T. J. Whaeton, Judge. In 1884 Mark Stewart (white) and Hattie Brown (colored) were jointly indicted for unlawful cohabitation and living together in a state of fornication. On the trial each made an application for a severance, which was ■denied, and they excepted. The testimony for the State tended to ■show tha-t within two years prior to the time of finding the indictment they had been seen in bed together, that for five or six years “they lived near each other, and that during that time Mark Stewart was frequently seen at the house of…
1Opinion of the CourtArnold, J.
Whether persons jointly indicted for a misdemeanor shall be tried jointly or separately, is a matter in the discretion of the court. *630Code, § 3069. The record shows no abuse of discretion in refusing to grant the application for * severance in this case. We consider the case in the light of the testimony that was permitted to remain before the jury, and doing this, and leaving the evidence of illicit intercourse between the parties after the indictment was found, which appellants complain was improperly admitted and afterward’ excluded by the court from the consideration of the jury, entirely…
2Cases cited4 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- State v. BridgmanSupreme Court of Vermont · 1876
- State v. WayNebraska Supreme Court · 1877
- Alsabrooks v. StateSupreme Court of Alabama · 1875
3Cited by2 opinions
- Strong v. StateMississippi Supreme Court · 1945
- Housley v. StateMississippi Supreme Court · 1945