Legal Opinion

Jackson v. State

Mississippi Supreme Court

Decided October 15, 1888PublishedCited by 11 opinions

Appeal from the circuit court of'Warren county. Hon. Ralph North, Judge. Appellant was indicted, jointly with another, for the murder of' one Logan Tingstrom. A severance was had and he was/tried separately. The proof developed that, at the time of the killing, a charge of grand larceny was pending against Tingstrom, and that Jackson had been specially deputized by the justice of the peace to make the arrest.

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Appeal from the circuit court of'Warren county. Hon. Ralph North, Judge. Appellant was indicted, jointly with another, for the murder of' one Logan Tingstrom. A severance was had and he was/tried separately. The proof developed that, at the time of the killing, a charge of grand larceny was pending against Tingstrom, and that Jackson had been specially deputized by the justice of the peace to make the arrest. The evidence for the state showed that' Tingstrom and his wife lived on a flat-boat in the river, that late in the evening of the day he was killed, deceased left the boat to go on an…

1Opinion of the CourtCampbell, J.

The testimony of the witness, McCaleb, was properly admitted. As we understand the record, he testified that his report of the interview with the prisoner, as published, was an accurate statement of what occurred between him and the prisoner, and he adopted it as his testimony, but was not willing to affirm that it was verbally accurate, or that it contained all that the prisoner said. It accords with both English and American authorities in such case to admit the testimony. See 15 American Dec., p. 194, for an intelligent presentation of the true rule on this subject.

*95No error was committed…

2Cited by11 opinions

  1. Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
  2. Brown v. WeaverMississippi Supreme Court · 1898
  3. Love v. BassTennessee Supreme Court · 1921
  4. Erdman v. StateNebraska Supreme Court · 1912
  5. Ex Parte FinneyCourt of Criminal Appeals of Oklahoma · 1922

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