Legal Opinion

Thomas v. State

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 19 opinions

Appeal from the Circuit Court of Issaquena County. Hon. B. F. Trimble, Judge. The appellant was indicted for murder in Sharkey County, on February 10,1882, and, next week, the venue was changed, on his application, to the County of Issaquena, where the record was filed in the following June, and in November the accused was convicted as charged, and sentenced to imprisonment for life.

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Appeal from the Circuit Court of Issaquena County. Hon. B. F. Trimble, Judge. The appellant was indicted for murder in Sharkey County, on February 10,1882, and, next week, the venue was changed, on his application, to the County of Issaquena, where the record was filed in the following June, and in November the accused was convicted as charged, and sentenced to imprisonment for life. When the case was called first, at the November term, 1882, of the Circuit Court of Issaquena County, the appellant presented an affidavit for continuance, in which he set forth the facts which he expected to…

1Opinion of the CourtChalmers, J.

There was no error in refusing the continuance, no sufficient efforts to procure the attendance of the witness having been shown. The defendant obtained more than he was really entitled to in having his affidavit submitted to the jury as the testimony of the absent witness. The remarks of the district attorney and of counsel for the defendant, made in the presence of the jury, as to their willingness to contribute toward the expense of feeding the jurors during the trial were highly improper, but we cannot conceive that they affected the verdict. Neither party actually contributed anything,…

2Cited by19 opinions

  1. Barnett v. StateMississippi Supreme Court · 1990
  2. Parker v. StateMississippi Supreme Court · 1981
  3. Hall v. StateMississippi Supreme Court · 1982
  4. Lee v. StateMississippi Supreme Court · 1925
  5. Ross v. StateMississippi Supreme Court · 1930

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