Legal Opinion

Canterbury v. State

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 8 opinions

From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. The appellants, Bud and Abel Canterbury, brothers, were, together with their father, John Canterbury, jointly indicted for an assault and battery upon one Samuel Harrison with intent to kill and murder him.

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From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. The appellants, Bud and Abel Canterbury, brothers, were, together with their father, John Canterbury, jointly indicted for an assault and battery upon one Samuel Harrison with intent to kill and murder him. At the instance of the district attorney, who desired to secure the testimony of the father, John Canterbury, the court below caused a verdict of not guilty as to John, the father, to be placed upon the minutes of the court. The two brothers, Bud and Abel, were tried jointly; the ■ indictment charging that they did…

1Opinion of the CourtMayes, J.

There are nineteen assignments of error in this case, but few of them are pressed seriously. We have carefully considered them all, and concur that none of them is well taken, except that our Brother Caliioon maintains that the first instruction for the state is erroneous, and that the modification of the twelfth instruction for the defense is erroneous, and that the second instruction for the state is erroneous. With the exceptions indicated in the dissent of our brother, we all concur that no one of the other assignments of error is well taken.

Concerning the contention that the indictment…

2Cases cited3 opinions

  1. Hull v. StateSupreme Court of Alabama · 1885
  2. Archer v. SinclairMississippi Supreme Court · 1873
  3. Porter v. StateMississippi Supreme Court · 1879

3Cited by8 opinions

  1. Bone v. StateMississippi Supreme Court · 1949
  2. Dalton v. StateMississippi Supreme Court · 1925
  3. Bridges v. StateMississippi Supreme Court · 1944
  4. Tatum v. StateMississippi Supreme Court · 1926
  5. Boyles v. StateMississippi Supreme Court · 1969

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