Legal Opinion

Hale v. State

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 19 opinions

Fkom the circuit court of Tate county. HoN. Eugene Johnson, Judge. Appellant has been convicted of murder, and appeals. The case sufficiently appears from the opinion.

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Fkom the circuit court of Tate county. HoN. Eugene Johnson, Judge. Appellant has been convicted of murder, and appeals. The case sufficiently appears from the opinion. It may be true that an opinion as to the guilt or innocence of Robertson was not necessarily a disqualification of a juror to try appellant, but usually no intelligent attorney would think of accepting a juror or exercising peremptory challenges without seeking information not only as to his frame of mind towards the defendant on trial, but also towards his co-defendant. Within reasonable limits each party has a right to ask…

1Opinion of the CourtWoods, J.

The action of the court below in refusing to compel the state to introduce' as its witnesses the eyewitnesses to the homicide, was not error. The eyewitnesses were the accused himself, his co-defendant, Robertson, from whom he hád obtained a severance, and who was not then on trial, and Roxie Hall, a sister of the accused. Each one of these persons, we may reasonably suppose, would be in sympathy with the defendant, and would testify as favorably as possible in his behalf; and, in the opinion of counsel for the state, the evidence of none of them was necessary to make out the state’s case.…

2Cases cited3 opinions

  1. Morrow v. StateMississippi Supreme Court · 1880
  2. Spratley v. KitchensMississippi Supreme Court · 1878
  3. Boles v. StateCourt of Appeals of Mississippi · 1852

3Cited by19 opinions

  1. State v. SteevesOregon Supreme Court · 1896
  2. Ross v. StateWyoming Supreme Court · 1899
  3. Harrison v. StateMississippi Supreme Court · 1988
  4. Peters v. StateMississippi Supreme Court · 1975
  5. Sullivan v. StateMississippi Supreme Court · 1952

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