Majors v. State
Mississippi Supreme Court
Erom the circuit court of Leake county. Hon. JohN B. ENoohs, Judge. Majors, appellant, was convicted of a homicide and appealed to the supreme court. The facts upon which the case turned are stated in the opinion of the court.
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Erom the circuit court of Leake county. Hon. JohN B. ENoohs, Judge. Majors, appellant, was convicted of a homicide and appealed to the supreme court. The facts upon which the case turned are stated in the opinion of the court. The third assignment was to the action of the judge in sustaining the objections of the state to a question asked a witness on direct testimony, and which question was as follows: “Tell the jury if that stick or board, in the condition it was at the time, was capable of producing death or serious bodily harm in the hands of a man like Davis McDuff ?” The state made a…
1Opinion of the CourtTruly, J.
Tbe defendant offered to prove by several witnesses that, in their judgment, tbe stick or board with which it was claimed an assault was attempted to be made by tbe deceased upon tbe defendant was, in tbe bands of tbe deceased, a deadly weapon, capable of producing death or serious bodily injury. To this expression of opinion tbe state-objected, and, tbe objection being sustained, an exception was reserved, and this ruling of tbe court below is assigned as error here. We think tbe action of tbe court correct. Tbe weapon in question was produced before tbe jury, and they were as capable of…
2Cases cited3 opinions
- Dœring v. StateIndiana Supreme Court · 1874
- Saffold v. StateMississippi Supreme Court · 1898
- State v. RhoadsOhio Supreme Court · 1876