Legal Opinion

Browning v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 16 opinions

Error to Holmes circuit court. HeNry, J. John D. Browning and Gaston E. Browning were indicted in the circuit court of Sunflower county for the murder of one John W. Néal. Upon application of the prisoners the venue was changed to the county of Holmes. At the November term of the court below, the court having allowed the defendants to sever in the trial, Gaston E. Browning was tried and found guilty of murder.

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Error to Holmes circuit court. HeNry, J. John D. Browning and Gaston E. Browning were indicted in the circuit court of Sunflower county for the murder of one John W. Néal. Upon application of the prisoners the venue was changed to the county of Holmes. At the November term of the court below, the court having allowed the defendants to sever in the trial, Gaston E. Browning was tried and found guilty of murder. He moved in arrest of judgment, and for a new trial, which motion was overruled, and the court thereupon pronounced sentence of death upon him. The ground upon which the motion in…

1Opinion of the Court

Smith, C. J.:

John D. Browning and Gaston E. Browning were jointly indicted in the circuit court of Sunflower county for the murder of John Neal. Upon the application of counsel of prisoners, the venue was changed to Holmes County, in which the trial took place. The parties charged were tided separately; and, Gaston E. Browning, whose case is now before us, was convicted of murder and sentenced accordingly.

After the verdict, the prisoner moved in arrest of judgment. His motion being overruled, he moved for a new trial; which, being also refused, exception was taken to the judgment on the…

2Cases cited7 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
  3. State v. NashSupreme Court of Iowa · 1858
  4. Miller v. AdsitNew York Supreme Court · 1837
  5. Cuyler v. McCartneyNew York Supreme Court · 1860

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. CainWest Virginia Supreme Court · 1882
  2. McAnally v. StateSupreme Court of Alabama · 1883
  3. People v. BuckminsterIllinois Supreme Court · 1916
  4. People v. FoxIllinois Supreme Court · 1915
  5. Bain v. StateSupreme Court of Alabama · 1883

11 more not listed; retrieve them via the Exa API.

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