Dominges v. State
Mississippi Supreme Court
Error to the circuit court of Wilkinson county. John Domingos, baring been indicted for the murder of James H. Holmes, was tried and found guilty at the April term, 1845, of the circuit court.
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Error to the circuit court of Wilkinson county. John Domingos, baring been indicted for the murder of James H. Holmes, was tried and found guilty at the April term, 1845, of the circuit court. When the case was called for trial, the defendant filed his affidavit for a continuance, in which he stated that Haley, Hodge and Ferguson were important witnesses for him, and were absent ; that by Haley he would prove that in killing Holmes he had acted in self-defence; and by the other witnesses that deceased had threatened his life, and went armed for the purpose of taking it. The district attorney…
1Opinion of the CourtThacher, J.
The plaintiff in error was indicted in the Wilkinson county circuit court for the murder of one Holmes. Upon his being called to the bar for trial, he filed his affidavit for a continuance of the cause on the ground of the absence of material witnesses in his behalf. This affidavit was in legal form, and set out that an absent witness, Haley, would prove that the accused acted in self-defence in the matter with which he was charged, and that absent witnesses, Hodge and Ferguson, would prove that the deceased, alleged to have been murdered by the accused, threatened to take the life of the…
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