Frank v. State
Mississippi Supreme Court
Error to Hinds circuit court. "Watts; J. The plaintiff in error was indicted in tbe court below for burglary, and pleaded not guilty. On the trial Austin Morgan, for tbe state, testified tbat in October, 1860, a day or two after his bouse had been entered and robbed, be found tbe prisoner at tbe calaboose in Jackson under arrest.
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Error to Hinds circuit court. "Watts; J. The plaintiff in error was indicted in tbe court below for burglary, and pleaded not guilty. On the trial Austin Morgan, for tbe state, testified tbat in October, 1860, a day or two after his bouse had been entered and robbed, be found tbe prisoner at tbe calaboose in Jackson under arrest. In presence of tbe Avitness and several others, prisoner confessed tbat be bad' entered tbe bouse of tbe Avitness about one o’clock at night, and bad taken therefrom a black merino coat, a shirt, and some money; tbat be entered tbe bouse by hoisting the sash of…
1Opinion of the Court
Handt, J.:
The first ground of error assigned is the overruling the motion for a new trial.
Upon this several points of objection are urged to the action of the court below, which will be considered in the order in which they are presented in the argument of the counsel for the plaintiff in error.
1. It is insisted that the court below erred in overruling the prisoner’s objection to the testimony of Austin Morgan, and his motion to exclude that witness’ testimony.
The ground of that motion was, that the confession of the prisoner, testified to by the witness Morgan, was not freely and voluntarily…
2Cases cited5 opinions
- People v. DamonNew York Supreme Court · 1835
- Williams v. StateMississippi Supreme Court · 1872
- Nelms v. StateMississippi Supreme Court · 1872
- Lewis v. StateMississippi Supreme Court · 1872
- Sam v. StateMississippi Supreme Court · 1872
3Cited by7 opinions
- Coffee v. StateSupreme Court of Florida · 1889
- Commonwealth v. Wong ChungMassachusetts Supreme Judicial Court · 1904
- Dennis v. StateMississippi Supreme Court · 1907
- State v. GroningSupreme Court of Kansas · 1885
- State v. MoonSupreme Court of Kansas · 1901
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