Preston v. State
Mississippi Supreme Court
Error to Greene circuit court. Watts, J. The plaintiff in error, Preston, was convicted of the murder of David Turner, at the May term, 1852, of the circuit court of Greene county.
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Error to Greene circuit court. Watts, J. The plaintiff in error, Preston, was convicted of the murder of David Turner, at the May term, 1852, of the circuit court of Greene county. Many instructions were asked and given for the state and the accused; but the following one (the 4th), which was asked by the counsel for the defence, was refused by the court j and excepted to by-accused: “If the jury believe from the evidence, that the prisoner killed the accused on a sudden heat, though voluntarily; that he had been greatly provoked, and had received other great indignities, and acted under…
1Opinion of the Court
Smith, C. J.:
The prisoner at the bar was tried in the circuit court of Greene county, and convicted of the crime of murder. A motion was made for a new trial, which was overruled ; and sentence of death was pronounced. The bill of exceptions filed to the judgment of the court on the motion, contains the evidence adduced on the trial. The instructions which were given or refused, are transcribed into the record, and are referred to in the bill. The objection mainly relied on by the counsel for the prisoner, refers to the fourth instruction requested by the defendant, and refused by the court.…
2Cited by21 opinions
- Windham v. StateMississippi Supreme Court · 1987
- Johnson v. StateWisconsin Supreme Court · 1906
- Graham v. StateMississippi Supreme Court · 1991
- Jones v. StateMississippi Supreme Court · 2010
- Brown v. CommonwealthSupreme Court of Virginia · 1890
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