Sam v. State
Mississippi Supreme Court
In error from the circuit court of Warren County. Yeegeb, J. The prisoner Was indicted for murder in the circuit court of Issaquena county, at the November term, a. d. 1855, thereof; which court was holden before the Hon. John M. Moore, who had received a temporary appointment from the governor, to supply the vacancy occurring from the death of the Hon. J. I. Guión.
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In error from the circuit court of Warren County. Yeegeb, J. The prisoner Was indicted for murder in the circuit court of Issaquena county, at the November term, a. d. 1855, thereof; which court was holden before the Hon. John M. Moore, who had received a temporary appointment from the governor, to supply the vacancy occurring from the death of the Hon. J. I. Guión. At a subsequent term of the court, holden by the Hon. J. S. Yerger, the prisoner pleaded in abatement to the indictment, that the said term of the court at which he was indicted, was illegal in this, that John I. Guión was elected…
1Opinion of the Court
Fishee, J.:
Upon the point, as to the refusal of the court below to grant a new trial in this case, we are of opinion that the court erred. The case we conceive falls clearly within the rule laid down by this court in the case of Nelson v. The State, 13 S. & M., 500; and of Cotton v. The State. The affidavits, supposing them to have received full credit by the court, and nothing appears to the contrary, must be taken and treated as placing the juror in the same attitude in which he would have stood, if he had stated the facts deposed to, himself in open court, when brought forward as a juror,…
2Cases cited1 opinion
- Nelms v. StateMississippi Supreme Court · 1872
3Cited by4 opinions
- State v. MorganUtah Supreme Court · 1901
- Brown v. StateMississippi Supreme Court · 1879
- State v. ClearySupreme Court of Kansas · 1888
- Frank v. StateMississippi Supreme Court · 1872