Legal Opinion

James v. State

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 10 opinions

Error to circuit court of Warren county. Brown, J. The facts are minutely stated in the opinion of the court, rendering any statement here unnecessary. 1st. The value of circumstantial evidence, as a theme for refined discussion and subtle reasoning, has long engaged the attention of legal writers.

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Error to circuit court of Warren county. Brown, J. The facts are minutely stated in the opinion of the court, rendering any statement here unnecessary. 1st. The value of circumstantial evidence, as a theme for refined discussion and subtle reasoning, has long engaged the attention of legal writers. Their labors establish the principle, that circumstantial evidence, so seldom of a conclusive nature, is of secondary value when direct evidence is attainable; by the latter the former is to be tested and measured. It may be assumed, as a correct principle, that, if the force of circumstantial…

1Opinion of the Court

Peyton, C. J.:

At the March term of the circuit court of Warren county Nelson James was convicted of the murder of one Jerry Miller, and sentenced by the court to be hung. Prom this judgment he brings the case here for the revision of this *575court, and assigns for error : 1st. The overruling the defendant’ s motion for a new trial. 2d. The admission of the statement or confession of the defendant as evidence on the trial. 3d. Permitting the statement of Ann Miller to go to the jury. 4th. That the court erred in not asking the prisoner if he had any thing to say why sentence of death should not…

2Cases cited1 opinion

  1. Grady v. StateSupreme Court of Georgia · 1852

3Cited by10 opinions

  1. McFarland v. Entergy Mississippi, Inc.Mississippi Supreme Court · 2005
  2. Ronald Couch v. United StatesCourt of Appeals for the D.C. Circuit · 1956
  3. Simmons v. StateMississippi Supreme Court · 1914
  4. Brooks v. StateSupreme Court of Alabama · 1937
  5. Harris v. StateMississippi Supreme Court · 1969

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