Dyson v. State
Mississippi Supreme Court
Error to Panola circuit court. Milleb, J. James H. Dyson was indicted in the circuit court of Panola county for killing Samuel H. Nelms, and was found guilty of manslaughter in the first degree, and sentenced to fifteen years’ imprisonment in the state penitentiary. It was proven that Nelms was riding along the road leading from the town of Panola to his house. Jennings Estell, about sixteen years of age, was the only person in company with him.
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Error to Panola circuit court. Milleb, J. James H. Dyson was indicted in the circuit court of Panola county for killing Samuel H. Nelms, and was found guilty of manslaughter in the first degree, and sentenced to fifteen years’ imprisonment in the state penitentiary. It was proven that Nelms was riding along the road leading from the town of Panola to his house. Jennings Estell, about sixteen years of age, was the only person in company with him. When within a mile of his own house, the accused (Dyson), who had previously taken his position about fifteen yards from the road, in a sink-hole in…
1Opinion of the Court
Handy, J.:
This case has been submitted on the re-argument very fully and elaborately, and we shall confine our present examination to the points therein presented in behalf of the plaintiff in error.
1. It is insisted, in the first place, that it appears by the record that the jury were not properly and legally sworn.
The opinion of the court on this point delivered on the former argument, seems to proceed on the assumption that the full oath, as administered to the jury, is stated in the record, or intended to be stated, a view which we have not been able to take. And had the oath administered…
2Cases cited9 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1846
- United States v. BrittonU.S. Circuit Court for the District of Massachusetts · 1822
- State v. JonesSupreme Court of Alabama · 1843
- Drake v. BranderTexas Supreme Court · 1852
- Arthur v. StateTexas Supreme Court · 1848
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3Cited by42 opinions
- Garner v. StateSupreme Court of Florida · 1891
- State v. BaldwinSupreme Court of Kansas · 1886
- Ex parte GibsonCalifornia Supreme Court · 1867
- Wells v. StateMississippi Supreme Court · 1974
- Harris v. PeopleIllinois Supreme Court · 1889
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