Legal Opinion

Brown v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 16 opinions

In error, from the circuit court of Tippah county. Soeug&s, J. was indicted in tbe circuit court of Tippah county, for tbe murder of one John Tatum. At tbe September term, a. d. 1856, he was tried and convicted of manslaughter in tbe second degree, and was sentenced to tbe state penitentiary for five years. It appeared that tbe deceased was shot on the evening of tbe 11th day of May, a. d. 1854, and died on the 23d day of the same month.

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In error, from the circuit court of Tippah county. Soeug&s, J. was indicted in tbe circuit court of Tippah county, for tbe murder of one John Tatum. At tbe September term, a. d. 1856, he was tried and convicted of manslaughter in tbe second degree, and was sentenced to tbe state penitentiary for five years. It appeared that tbe deceased was shot on the evening of tbe 11th day of May, a. d. 1854, and died on the 23d day of the same month. It was proven that some short time before the killing, unfriendly feelings existed between the prisoner and tbe deceased,, and that a violent altercation…

1Opinion of the Court

Smith, C. J.:

The plaintiff in error was tried upon an indictment for murder, in the circuit court of Tippah county, and convicted of manslaughter in the second degree. Several errors are assigned as causes of reversal. They respect the admission in evidence of the dying declarations of the deceased; the charges granted at the instance of the district attorney, and certain instructions, which were requested by the prisoner, and refused by the court; the general charge delivered, of his own motion, by the judge, and the judgment overruling the motion for a new trial.

"We shall notice, first, the…

2Cited by16 opinions

  1. Dycus v. StateMississippi Supreme Court · 1983
  2. Lipscomb v. StateMississippi Supreme Court · 1897
  3. Conway v. StateMississippi Supreme Court · 1936
  4. Poole v. StateMississippi Supreme Court · 1963
  5. Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1871

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