Green v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Sharkey County. Hon. B. F. Trimble, Judge. The appellant, who, on Feb. 10, 1882, was indicted for murder, and afterwards was convicted and sentenced to be hanged, filed a transcript, into which all the instructions were copied, with the mark “ Given, S. F. Shelton, Clerk,” upon each; but there was .no bill of exceptions, save the one to the order overruling the motion for a new trial described in the opinion. argued orally and in writing.
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Appeal from the Circuit Court of Sharkey County. Hon. B. F. Trimble, Judge. The appellant, who, on Feb. 10, 1882, was indicted for murder, and afterwards was convicted and sentenced to be hanged, filed a transcript, into which all the instructions were copied, with the mark “ Given, S. F. Shelton, Clerk,” upon each; but there was .no bill of exceptions, save the one to the order overruling the motion for a new trial described in the opinion. argued orally and in writing. A new trial should be granted, because the jurors were not kept together, and because the discharged bailiff entered the…
1Opinion of the CourtCooper, J.
The instructions given on the application of the State were not excepted to at the time they were given, nor were they made the ground of objection on the motion for a new trial. We are therefore precluded from an examination of that assignment of error in which their correctness is questioned.
No bill of exceptions embodying the evidence delivered on the trial was taken, but after conviction the appellant moved for a new trial, upon the ground of misconduct on the part of the jury, and because the jury was exposed during its deliberations to unlawful influences, which might have controlled or…
2Cases cited5 opinions
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- Pope v. StateMississippi Supreme Court · 1872
- State v. UptonSupreme Court of Missouri · 1855
- Roman v. StateWisconsin Supreme Court · 1877
- Russell v. StateMississippi Supreme Court · 1876
3Cited by11 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Henning v. StateIndiana Supreme Court · 1886
- Haley v. StateMississippi Supreme Court · 1920
- Pepper v. StateMississippi Supreme Court · 1946
- State v. BaconMississippi Supreme Court · 1899
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