Ellerbe v. State
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. G. B. Huddleston, Judge. The opinion states the case. The testimony shows conclusively “such absence from the room, on the part of the judge, as constituted a temporary relinquishment of the control of the court and of the conduct of the tiial,” which this court, in the case of Turbeville v. State, 56 Miss., 793, said would necessitate a reversal.
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From the circuit court of Lauderdale county. Hon. G. B. Huddleston, Judge. The opinion states the case. The testimony shows conclusively “such absence from the room, on the part of the judge, as constituted a temporary relinquishment of the control of the court and of the conduct of the tiial,” which this court, in the case of Turbeville v. State, 56 Miss., 793, said would necessitate a reversal. In that case the j udge, during the argument of the counsel to the j ury, left the bench and stepped into a room immediately adjoining and in the rear of the bench, and separated from it only by the…
1Opinion of the CourtWhitfield, J.
The appellant was tried for murder, convicted and sentenced to imprisonment in the penitentiary for life. During the trial, whilst one of the counsel for the appellant was making his argument to the jury, the circuit judge left the bench, calling Mr. Bozeman, a member of the bar, to preside in his absence, with the consent of part of the counsel for the state and the defendant, and then left the courthouse. During his absence, a heated, excited altercation occurred between one of the counsel for the state, Judge Fewell, and one of the counsel for the defendant, Mr. Ethridge, then addressing…
2Cases cited5 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
- Turbeville v. StateMississippi Supreme Court · 1879
- Hoagland v. CreedIllinois Supreme Court · 1876
3Cited by22 opinions
- Sand v. StateMississippi Supreme Court · 1985
- State v. KeehnSupreme Court of Kansas · 1911
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Durden v. PeopleIllinois Supreme Court · 1901
- Peri v. StateDistrict Court of Appeal of Florida · 1983
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