Legal Opinion

Crum v. State

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 7 opinions

Appeal from the Circuit Court of Hinds County. Hon. T. J. Whaeton, Judge. The appellant, Fred. Crum, was indicted for murder, upon a charge of having killed Jesse Ford. He was convicted of manslaughter, and, from the judgment against him, appealed to this court. A supplemental statement of the case will be found in the opinion of the court. The first and third instructions given for the State do not properly announce the law.

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Appeal from the Circuit Court of Hinds County. Hon. T. J. Whaeton, Judge. The appellant, Fred. Crum, was indicted for murder, upon a charge of having killed Jesse Ford. He was convicted of manslaughter, and, from the judgment against him, appealed to this court. A supplemental statement of the case will be found in the opinion of the court. The first and third instructions given for the State do not properly announce the law. The third instruction is clearly wrong, and beyond a doubt misled the jury in this case. It never devolves on the defendant to-prove anything in his case dearly and…

1Opinion of the CourtCooper, C. J.

It appears in evidence that the appellant on the fourth day of July, 1884, shot one Ford, inflicting upon him a very dangerous wound. Ford was treated by a physician for some days and discharged with a warning from the physician that his condition required great prudence on his part. Ford was imprudent, and on the 2d of September died from inflammation of the bladder, which, the attending physician states, was shown by a post-mortem examination to have been a result of the wound.

*4On the trial, the court, at the instance of the State’s attorney, gave two charges (the first and third), to which…

2Cases cited1 opinion

  1. McBeth v. StateMississippi Supreme Court · 1874

3Cited by7 opinions

  1. State v. WoodSupreme Court of Iowa · 1900
  2. Schroer v. StateMississippi Supreme Court · 1964
  3. Houston v. StateMississippi Supreme Court · 1954
  4. Parker v. TullosMississippi Supreme Court · 1928
  5. Quinn v. StateMississippi Supreme Court · 1914

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