Reed v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Clarke County. Hon. S. H. Terral, Judge. Irvin Reed was indicted for an assault upon IT. Clay Davenport with intent to kill and murder him. At the trial it was proven that the defendant approached Davenport while engaged at his work, and without making any remark shot him with a rifle, the ball taking effect in his shoulder.
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Appeal from the Circuit Court of Clarke County. Hon. S. H. Terral, Judge. Irvin Reed was indicted for an assault upon IT. Clay Davenport with intent to kill and murder him. At the trial it was proven that the defendant approached Davenport while engaged at his work, and without making any remark shot him with a rifle, the ball taking effect in his shoulder. C. C. Ferrill, a witness for the defendant, who was admitted to be “ a very intelligent man,” testified as follows: “ I have known the defendant for the last five or six years, and am well acquainted with him; he was my barber; saw him…
1Opinion of the CourtArnold, J.
A non-expert witness who has had opportunities of knowing and observing the conversation, conduct, and manners of a person whose sanity is in question, may depose, not only to particular facts, but to his opinion or belief, formed from such actual observation, as to the sanity or insanity of such person. Wood v. State, 58 Miss. 741; 2 Taylor on Ev., § 1416; 1 Greenl. Ev. (14th ed.), § 440, note a; 1 Whart. Ev., § 451. After the statements made by the non-expert witnesses in this case as to their acquaintance with the appellant and their opportunities for observing his conduct and condition,…
2Cases cited4 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Page v. StateSupreme Court of Alabama · 1878
- Russell v. StateMississippi Supreme Court · 1876
- Wood v. StateMississippi Supreme Court · 1881
3Cited by18 opinions
- Davis v. StateSupreme Court of Florida · 1902
- Harvey v. StateMississippi Supreme Court · 1968
- Haley v. StateMississippi Supreme Court · 1920
- State v. PrivittSupreme Court of Missouri · 1903
- State v. ToneyWest Virginia Supreme Court · 1925
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