Malone v. State
Mississippi Supreme Court
Fiiom the circuit court of-Attalla county. How. William F. SteveNS', Judge. Appellant and another person were indicted jointly for an assault with intent to kill and murder.
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Fiiom the circuit court of-Attalla county. How. William F. SteveNS', Judge. Appellant and another person were indicted jointly for an assault with intent to kill and murder. The section of the code mentioned in the opinion is in these words: “1417 (3068). Joint indictments; severance in felonies.— Any of several persons jointly indicted for a felony may be tried separately on making application therefor before the order for a special venire in capital cases and before arraignment in other cases.” The opinion states the facts. The right to a separate trial, where two or more are jointly…
1Opinion of the CourtTurbal, J.
Press Malone and Jesse Malone were jointly indicted in the circuit court of Attalla county, and it was presented that they with guns, in and upon a large number of persons assembled for religious worship, to wit: Ike Roly, Bunch.Harmon, Bill Culpepper, and many other persons whose names are to the grand jurors unknown, feloniously an assault did make, and at and towards and against said persons did shoot said guns, etc.',-with intent, etc.
At the September term, 1899, of the 'court, Press Malone being sick, a continuance of the case was had as to him, and Jesse Malone ivas put upon his trial,…
2Cases cited1 opinion
- Wall & Howard v. StateMississippi Supreme Court · 1875
3Cited by9 opinions
- Duckworth v. StateMississippi Supreme Court · 1985
- Price v. StateMississippi Supreme Court · 1976
- BOLIN v. StateMississippi Supreme Court · 1950
- Thompson v. StateMississippi Supreme Court · 1957
- Fairley v. StateMississippi Supreme Court · 1977
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