Legal Opinion

John v. State

Court of Appeals of Mississippi

Decided October 15, 1852PublishedCited by 7 opinions

In error from the circuit court of Hinds county; Hon. P. W. Tompkins, judge. The facts in substance are, that Mr. Banks, the first witness introduced, proves that, as a physician and surgeon, he examined the body of the negro killed, who was found dead near a wagon on the road; was sure he was killed by choking with a rope that was then found around his neck; had heard that the negro killed belonged to Fegune Lowe, but did not know it.

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In error from the circuit court of Hinds county; Hon. P. W. Tompkins, judge. The facts in substance are, that Mr. Banks, the first witness introduced, proves that, as a physician and surgeon, he examined the body of the negro killed, who was found dead near a wagon on the road; was sure he was killed by choking with a rope that was then found around his neck; had heard that the negro killed belonged to Fegune Lowe, but did not know it. The dead negro’s pocket had been rifled after death; there were cuts on the hands and fingers. He saw defendant, John, on the same day of the killing, after…

1Opinion of the CourtChief Justice Smith

This was an indictment for murder, tried in the circuit court of Hinds county. It was alleged in the indictment, that the plaintiff in error was the property of John D. Cook. Austin, the subject of the homicide, was likewise a slave, and stated to belong to Figune Lowe. The jury found a verdict of guilty; a motion was made for a new trial, which was overruled, and the.case hence comes into this court.

*576The exceptions chiefly relied on for a reversal of the judgment, refer to the refusal of the court to give the third and fourth instructions Requested on behalf of the prisoner; and the decision…

2Cited by7 opinions

  1. State v. MeysenburgMissouri Court of Appeals · 1902
  2. State v. SamuelsSupreme Court of Missouri · 1898
  3. Tyler v. StateMississippi Supreme Court · 1891
  4. State v. McGrathSupreme Court of Missouri · 1910
  5. Herring v. StateMississippi Supreme Court · 1920

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