Legal Opinion

Simon v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 7 opinions

Error to Copiah circuit court. McNair, J.: The plaintiff in error was indicted and convicted in the murder of Norvall, another slave. During the progress of the trial, Moses M. Curtis was introduced as a witness for the state, to prove certain confessions alleged to have been made by the prisoner while in jail, and in the presence of the witness, who was jailor.

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Error to Copiah circuit court. McNair, J.: The plaintiff in error was indicted and convicted in the murder of Norvall, another slave. During the progress of the trial, Moses M. Curtis was introduced as a witness for the state, to prove certain confessions alleged to have been made by the prisoner while in jail, and in the presence of the witness, who was jailor. The prisoner objected to the admission of the proposed evidence, unless the state would first show affirmatively that the confessions were free and voluntary. The witness then proceeded to state to the court that the prisoner was…

1Opinion of the Court

Harris, J.:

The plaintiff in error was indicted for the murder of a slave. The only points of error complained of in this record are:

1. That the court below erred in allowing the confessions to go in evidence to the jury.

2. The court erred in refusing a new trial.

The first error assigned has reference to the testimony of Moses M. Curtis and "W. H. Curtis and W. LI. Bondurant, who had charge of the prisoner after his committal to jail, as jailors. It is insisted that these confessions were improperly admitted, because: 1. The prosecution did not show affirmatively, to the satisfaction of the…

2Cited by7 opinions

  1. Jordan v. StateMississippi Supreme Court · 1872
  2. Stepney v. City of ColumbiaMississippi Supreme Court · 1930
  3. Jones v. StateMississippi Supreme Court · 1880
  4. Carothers v. StateMississippi Supreme Court · 1920
  5. Whitten v. StateSupreme Court of Florida · 1923

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