Legal Opinion

Morgan v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 5 opinions

Error to Lawrence circuit court. Harris, J. The plaintiff in error was indicted in'the court below for an assault and battery with intent to kill one James Poster. He was tried and found guilty. He made a motion in arrest of judgment for various alleged defects in the indictment, which was overruled. Several instructions were given and refused on both sides, and a bill of exceptions was sealed by the prisoner, who, after being sentenced, sued out this writ of error.

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Error to Lawrence circuit court. Harris, J. The plaintiff in error was indicted in'the court below for an assault and battery with intent to kill one James Poster. He was tried and found guilty. He made a motion in arrest of judgment for various alleged defects in the indictment, which was overruled. Several instructions were given and refused on both sides, and a bill of exceptions was sealed by the prisoner, who, after being sentenced, sued out this writ of error. Cited Hutch. Dig., 960, ch. 64, § 33; 2 Starkie Ev., 739, (n.) E. Cited 1 Chit. Cr. Law, 282; 2 Starkie Ev., 740; 1 East. P. C.,…

1Opinion of the Court

Smith, J.:

The indictment in this case, upon which William Morgan, the plaintiff in error, was tried and convicted, was framed under the 33d §, chap. 64, of the act of 1839, Hutch. Dig., p. 960. The first clause of that section creates and defines the offense with which the party was charged, and is in the following words, viz : “ Every person who shall be convicted of shooting at another with the intent to kill, maim, etc., such other person, shall be punished by imprisonment in the penitentiary for a term not exceeding ten years.”

Upon the trial of the issue, the prisoner, by his counsel,…

2Cited by5 opinions

  1. Ross v. StateMississippi Supreme Court · 1930
  2. Morman v. StateCourt of Appeals of Mississippi · 1852
  3. Barnette v. StateMississippi Supreme Court · 1965
  4. Faulkner v. StateMississippi Supreme Court · 1934
  5. Garner v. StateMississippi Supreme Court · 1956

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