Legal Opinion

Harrel v. State

Mississippi Supreme Court

Decided October 15, 1861PublishedCited by 12 opinions

Error to the Circuit Court of Rankin county. Hon. John Watts, judge. 1. The court erred in refusing the third, fourth, and sixth instructions asked by the prisoner, and modifying them to this effect, that the jury could find William guilty, if he aided Richard off before Telfair died, if he was “in a dying condition” when Richard left.

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Error to the Circuit Court of Rankin county. Hon. John Watts, judge. 1. The court erred in refusing the third, fourth, and sixth instructions asked by the prisoner, and modifying them to this effect, that the jury could find William guilty, if he aided Richard off before Telfair died, if he was “in a dying condition” when Richard left. We assume that, as William was indicted for being accessary after the fact of “ the felony [the stabbing] and murder” of Tel-fair Harrel, William Harrel could not be legally convicted, unless the felony and murder were complete at the time he aided and assisted…

1Opinion of the CourtSmith, C. J.

This was a conviction in the Circuit Court of Rankin county, under the statute defining the crime of being an accessary after the fact, and prescribing the punishment therefor. Rev. Code, 573, sec. 2, Art. 3.

The exceptions to the judgment are based upon errors alleged to have been committed, by the court, in charging the jury.

*704The indictment under which the plaintiff in error was tried alleged, first, that one Richard Harrel had (setting out the circumstances of the transaction) feloniously, wilfully, and with malice aforethought “ killed and murdered” one Telfair Harrel; and, secondly, that…

2Cited by12 opinions

  1. United States v. Marie L. FerreboeufCourt of Appeals for the Ninth Circuit · 1980
  2. State v. . WilliamsSupreme Court of North Carolina · 1948
  3. Little v. United StatesDistrict of Columbia Court of Appeals · 1998
  4. Crosby v. StateMississippi Supreme Court · 1937
  5. Walters v. StateMississippi Supreme Court · 1953

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