Legal Opinion

Mask v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 9 opinions

In error from the circuit court of Marshall county. Sceuggs, J. Pleasant M. Mask was indicted as principal, in the first degree, and James Mask, Thomas "Wooley, and Henry Wooley, as principals in the second degree, for the mnrder of Susan E. Smith.

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In error from the circuit court of Marshall county. Sceuggs, J. Pleasant M. Mask was indicted as principal, in the first degree, and James Mask, Thomas "Wooley, and Henry Wooley, as principals in the second degree, for the mnrder of Susan E. Smith. At the July term, 1855, of the circuit court of Marshall county, the three first were tried, and Pleasant M. Mask was convicted of murder and sentenced to be hung; James Mask was convicted of manslaughter in the second degree, and sentenced to the penitentiary for five years; and Thomas Wooley was convicted of manslaughter in the fourth degree, and…

1Opinion of the Court

Fisher, J.:

This was an indictment returned by the grand jury into the circuit court of Marshall county, charging the defendants below with the murder of one Susan Elizabeth Smith.

The first error assigned relates to the defendants’ application for a change of the venue to some other county of the district. The application appears to have conformed to the requisitions of the statute. The court, however, permitted the prosecution to introduce and examine several witnesses, with a view of making a counter showing, and upon hearing their testimony refused the application, to which- action of the…

2Cited by9 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1897
  2. Ballard v. StateSupreme Court of Florida · 1893
  3. Douglass v. StateArizona Supreme Court · 1934
  4. State v. BellardSupreme Court of Louisiana · 1913
  5. Cavanah v. StateMississippi Supreme Court · 1879

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