Legal Opinion

Coleman v. State

Mississippi Supreme Court

Decided April 15, 1882PublishedCited by 17 opinions

Appeal from the Circuit Court of Clay County. Hon. James M. Arnold, Judge. A girl with whom the appellant was in love refused to let him escort her home from church one night, and went with another man. At a dark spot in the path, he confronted them with a drawn pistol, and without a word shot first at the girl’s escort, and grazed his cheek, and then at her, the ball striking her between the eyes and passing through her brain.

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Appeal from the Circuit Court of Clay County. Hon. James M. Arnold, Judge. A girl with whom the appellant was in love refused to let him escort her home from church one night, and went with another man. At a dark spot in the path, he confronted them with a drawn pistol, and without a word shot first at the girl’s escort, and grazed his cheek, and then at her, the ball striking her between the eyes and passing through her brain. He was convicted as charged under an indictment for murder, and sentenced to be hanged. In impanelling the jury from the regular jurors, the appellant waiving a…

1Opinion of the CourtCampbell, J.

The fact that the circuit judge had given the juror Davis leave of absence to attend upon a dying brother was not a *489legal cause of exception by the prisoner. The absent juror was brought back, and tendered to the prisoner, who challenged him, and this removed all ground of complaint, if any existed; but it has not been held, and we will not hold, that the circuit judge may not, in the prudent exercise of a sound discretion, excuse a juror from attendance in a capital case, for a cause deemed good by him. The facts of this case are very different from those in Boles v. State, 13 S. & M. 398,…

2Cases cited3 opinions

  1. Wesley v. StateMississippi Supreme Court · 1872
  2. Boles v. StateMississippi Supreme Court · 1872
  3. Jones v. StateMississippi Supreme Court · 1880

3Cited by17 opinions

  1. Hussey v. StateSupreme Court of Alabama · 1888
  2. Montgomery v. StateMississippi Supreme Court · 2004
  3. Cluverius v. CommonwealthSupreme Court of Virginia · 1886
  4. Commonwealth v. LeonardMassachusetts Supreme Judicial Court · 1886
  5. Mattox v. StateMississippi Supreme Court · 1961

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