Helm v. State
Mississippi Supreme Court
From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. In 1887 the appellant, Helm, was indicted in the court below for the murder of one King. At the June term, 1888, he was tried, and the jury failing to agree upon á verdict, were discharged. At the next term he was again put upon trial, and was convicted of manslaughter. He prosecuted an appeal to this court, and obtained a reversal.
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From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. In 1887 the appellant, Helm, was indicted in the court below for the murder of one King. At the June term, 1888, he was tried, and the jury failing to agree upon á verdict, were discharged. At the next term he was again put upon trial, and was convicted of manslaughter. He prosecuted an appeal to this court, and obtained a reversal. The ground upon which the judgment was reversed was this: The defendant on his second trial had pleaded former jeopardy, setting up in his plea that on the first trial, after the evidence was in…
1Opinion of the CourtWoods, C. J.
The plea of former jeopardy alleged that the jury, on the former trial, retired to consider of their verdict at 4.30 P.M., June 23, and were discharged on the morning of the 25th at 11.30. The sufficiency of time for due deliberation had, by this court, on the former appeal, been declared to be established prima faeie on this undenied allegation as to the length of time employed by the jury in deliberation. This allegation as to time was confessed and undisputed by the state on the last trial of the defendant’s plea. Its sufficiency for due deliberation, prima faeie, had been passed upon by…
2Cases cited1 opinion
- Cannon v. StateMississippi Supreme Court · 1879
3Cited by13 opinions
- State v. O'ClairSupreme Judicial Court of Maine · 1972
- State v. HensonSupreme Court of New Jersey · 1901
- Parker v. StateMississippi Supreme Court · 1981
- Hall v. StateMississippi Supreme Court · 1982
- Lewis v. StateMississippi Supreme Court · 1904
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