Cooper v. State
Mississippi Supreme Court
Error to the Circuit Court of Olay County. Hon. James M. Arnold, Judge. At the September Term, 1876, of the Circuit Court of Clay County, Moses Cooper, alias Moses Dunlap, was indicted for the larceny of a double-barrelled shot-gun, of the value of fifteen dollars, and was tried and convicted as charged.
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Error to the Circuit Court of Olay County. Hon. James M. Arnold, Judge. At the September Term, 1876, of the Circuit Court of Clay County, Moses Cooper, alias Moses Dunlap, was indicted for the larceny of a double-barrelled shot-gun, of the value of fifteen dollars, and was tried and convicted as charged. The defendant at the same term filed a motion for a new trial, and assigned as reasons for the motion “ that said defendant has, since the trial, learned of new and material testimony to him, of which he had no knowledge at or before the trial of his case, as will fully appear at large by…
1Opinion of the CourtSimrall, C. J.
The plaintiff in error was tried and convicted of the larceny of a double-barrelled shot-gun, alleged in the indictment to have been of the value of fifteen dollars. But one error has been urged in this court predicated on the third ground in the motion for a new trial; viz., “ Because, since the trial, the defendant has heard of new and material testimony . . . which has come to his knowledge since the trial, as appears by affidavits filed.”
The law required that the accused should have used diligence in the preparation for trial; and in applications of this sort he must show that the…
2Cited by5 opinions
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