Legal Opinion

Peden v. State

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 8 opinions

Appeal from tlie Circuit Court of Panola County. Hon. A. T. Roane, Judge. At the trial of this indictment for murder, which resulted in a conviction and sentence to death, J. A. Thornton, under the defendant’s objection, testified for the State that when he, as deputy sheriff, had Green Peden in custody, taking him to jail after an attempted'hearing on a writ of habeas corpus, the prisoner, who was disappointed at the result, made a statement, that without anything being…

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Appeal from tlie Circuit Court of Panola County. Hon. A. T. Roane, Judge. At the trial of this indictment for murder, which resulted in a conviction and sentence to death, J. A. Thornton, under the defendant’s objection, testified for the State that when he, as deputy sheriff, had Green Peden in custody, taking him to jail after an attempted'hearing on a writ of habeas corpus, the prisoner, who was disappointed at the result, made a statement, that without anything being done'by the officer to induce him to confess or to extort an admission, Peden began calling as if to dogs, and when…

1Opinion of the CourtCampbell, C. J.

The instructions complained of are not “marked” as required by the statute to make them part of the record, and are not contained in the bill of exceptions, and, therefore, cannot be noticed. We are confined to the first and third grounds of error assigned, viz.: the admission of the testimony of the witness Thornton, and that the verdict is contrary to the law and evidence. We are not able to perceive that the testimony of Thornton was of any value whatever. It was not inadmissible so far as we can see, but it is inconceivable that it exerted any influence on the jury. Its admission was not *270e…

2Cited by8 opinions

  1. People v. KingCalifornia Court of Appeal · 1938
  2. Brown v. CommonwealthSupreme Court of Virginia · 1921
  3. State v. DotyOhio Supreme Court · 1916
  4. State v. DarlingSupreme Court of Missouri · 1909
  5. Patten v. United StatesDistrict of Columbia Court of Appeals · 1914

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