Singleton v. State
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Appellant, a negro, was convicted of murder, and imprisoned in tlie penitentiary for life. While serving such sentence within the prison wall's, he killed one Lulu Payne, colored, also a penitentiary convict, and was indicted for her murder.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Appellant, a negro, was convicted of murder, and imprisoned in tlie penitentiary for life. While serving such sentence within the prison wall's, he killed one Lulu Payne, colored, also a penitentiary convict, and was indicted for her murder. To this indictment he pleaded in abatement the fact of his former conviction and sentence, and that he was undergoing life imprisonment, wherefore it was averred that the court had no jurisdiction to try him for the second offense. A demurrer to this plea was…
1Opinion of the CourtCampbell, C. J.
The objection that the prisoner was not amenable for the murder committed while he was a convict under sentence of imprisonment for life for a former murder, is without support in principle or practice here or elsewhere, at the present time or in any former period of which we have any account. At a former day in England, because of the attainder consequent, on conviction of .felony, the doctrine was that a plea of autrefois attaint was a bar to prosecution for another felony of the same grade, for the reason that “ a second trial would be wholly superfluous. Where, therefore, any advantage,…
2Cases cited2 opinions
- State v. ConnellSupreme Court of Missouri · 1872
- Hawkins v. StateSupreme Court of Alabama · 1835
3Cited by17 opinions
- Ponzi v. FessendenSupreme Court of the United States · 1922
- State v. KeefeWyoming Supreme Court · 1908
- Frankel v. WoodroughCourt of Appeals for the Eighth Circuit · 1925
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- Chapman v. ScottCourt of Appeals for the Second Circuit · 1926
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