Legal Opinion

Mask v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 4 opinions

Error to Marshall county circuit court. Scruggs, J. The plaintiff was convicted a second time, in the court below, of the murder of Susan Elizabeth Smith, the first verdict having been set aside by this court. See 32 Miss. B., 405. The following is the substance of the evidence: Eor the State. — "William Smith is a brother of the deceased, who was about sixteen years of age at the time she was killed.

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Error to Marshall county circuit court. Scruggs, J. The plaintiff was convicted a second time, in the court below, of the murder of Susan Elizabeth Smith, the first verdict having been set aside by this court. See 32 Miss. B., 405. The following is the substance of the evidence: Eor the State. — "William Smith is a brother of the deceased, who was about sixteen years of age at the time she was killed. On the 26th of April, 1856, between three and four o’clock in the evening, the prisoner, James Mask, his brother, and Thomas and Henry Wooley, his brothers-in-law, came to witness’ father’s…

1Opinion of the Court

Harris, J.:

The plaintiff in error was convicted upon an indictment for murder in the circuit court of Marshall county. This writ of error is prosecuted to reverse the judgment pronounced on that conviction. Six causes of error are assigned. We shall, however, notice those only which are relied on in the briefs of counsel and in the argument of the case, the others having been waived, by agreement, as not being sustainable.

The first ground of error relied on is, that the court erred in permitting Walker and Blackard to answer the questions in relation to the character of Thomas Wooley for…

2Cases cited6 opinions

  1. Cotton v. StateMississippi Supreme Court · 1872
  2. Green v. StateMississippi Supreme Court · 1872
  3. Brantley v. CarterMississippi Supreme Court · 1853
  4. McClanahan v. BarrowMississippi Supreme Court · 1854
  5. Cantzon's Lessee v. DorrMississippi Supreme Court · 1854

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

3Cited by4 opinions

  1. Hawthorne v. StateMississippi Supreme Court · 1881
  2. State v. RowellSupreme Court of Iowa · 1915
  3. Fisher v. ConwaySupreme Court of Arkansas · 1878
  4. Boykin v. StateMississippi Supreme Court · 1905

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