Pope v. State
Mississippi Supreme Court
Error to Oktibbeha circuit court. William L. Haréis, J. Argued the ease orally. Cited, The Commonwealth v. Boby, 12 Pick., 496; Taylor v. Manly, 6 S. & M.,> 305; 9 ib., 115; Organ v. The State, 4 Cush., 78. There are only two points requiring 'the consideration of the ■ court: . 1st. The improper influence exercised by the bailiff, one of the officers of the court, over the minds of the "jury, while he had them in chargp.
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Error to Oktibbeha circuit court. William L. Haréis, J. Argued the ease orally. Cited, The Commonwealth v. Boby, 12 Pick., 496; Taylor v. Manly, 6 S. & M.,> 305; 9 ib., 115; Organ v. The State, 4 Cush., 78. There are only two points requiring 'the consideration of the ■ court: . 1st. The improper influence exercised by the bailiff, one of the officers of the court, over the minds of the "jury, while he had them in chargp. It was denied by the state, below, and doubtless will be denied by the state in this court, that what was said by the bailiff did amount to such improper influence, or…
1Opinion of the Court
Smith, O. J.:
This was a conviction in the circuit court of Oktibbeha, under an indictment for grand larceny. A'motion was made to set aside the verdict, and to grant a new trial,' which was overruled, and exceptions taken. The errors alleged to have occurred in the trial relate to this action of the court.
It appears, from the bill of exceptions, that after the jury had retired'from the. court to deliberate upon their Verdict, and before they had agreed, the bailiff, "to whose charge they were committed, said to them that “ unless they decided the case one way or the other, they should have…
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