Kraner v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. A. T. Eoane, Judge. At the appellant’s trial for murdering John Greiner, which resulted in a conviction of manslaughter, the State’s evidence showed that he went into the shop of Greiner, who was a butcher, and demanded something from his son ; that, getting angry at the boy’s refusal, he became abusive, and Greiner attempted to put him out; that, in the scuffle which ensued, he cut Greiner with a knife and struck him…
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Appeal from the Circuit Court of Grenada County. Hon. A. T. Eoane, Judge. At the appellant’s trial for murdering John Greiner, which resulted in a conviction of manslaughter, the State’s evidence showed that he went into the shop of Greiner, who was a butcher, and demanded something from his son ; that, getting angry at the boy’s refusal, he became abusive, and Greiner attempted to put him out; that, in the scuffle which ensued, he cut Greiner with a knife and struck him with a brick ; and that, although the wounds were slight, erysipelas supervened and Greiner died. The appellant then…
1Opinion of the CourtCooper, J.
The exception of the appellant taken to the action of the court in directing the jury to retire while the court heard the testimony of the witness, Postell, to determine its competency, is not well taken. While the jury is a component of the court, it is not a part of its duty to determine upon the competency of evidence, nor is it necessary that it should be present while the judge examines a witness to determine upon the competency of his testimony. The practice of retiring the jury in such cases is to be commended *161rather than condemned, since its effect is to keeD the jury wholly…
2Cases cited1 opinion
- Boles v. StateCourt of Appeals of Mississippi · 1852