Peter v. State
Mississippi Supreme Court
Error to the circuit court of Franklin county. Peter, the slave of James Harrington, was indicted at the April term, 1837, for the murder of Samuel Harvey. The case upon change of venue was tried at the Lawrence circuit court, and a mistrial resulted. The presiding judge at a subsequent term, having been of counsel in the case, the venue was again changed to Copiah county.
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Error to the circuit court of Franklin county. Peter, the slave of James Harrington, was indicted at the April term, 1837, for the murder of Samuel Harvey. The case upon change of venue was tried at the Lawrence circuit court, and a mistrial resulted. The presiding judge at a subsequent term, having been of counsel in the case, the venue was again changed to Copiah county. The case not having been transferred, at a subsequent term, by consent of parties, a member of the bar presided. The jury on this trial found the accused guilty, a motion for a new trial was overruled and sentence of death…
1Opinion of the Court
Thacheb, J.:
This was an indictment for murder upon the trial of which a verdict of guilty was found by the jury.
It is admitted by the attorney general that the court below *252erred in permitting a justice of the peace upon tbe trial, to testify from his recollection of the confessions of the accused upon the preliminary %xamination had before him, when it also appeared in evidence that the same justice of the peace had taken that confession in writing, and there was no evidence of the loss of that confession so taken in evidence, and no other satisfactory legal reasons given for its…
2Cited by12 opinions
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- Jordan v. StateMississippi Supreme Court · 1872
- Simon v. StateMississippi Supreme Court · 1872
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